Any person who is eligible for a loan under the Servicemen's
Readjustment Act of 1944, any amendments thereto or re-enactment thereof, the
Veterans Readjustment Assistance Act of 1952, any amendments thereto or
re-enactment thereof, the Act of September 2, 1958, Public Law 85-857 , 72
Stat. 1105, any amendments thereto or re-enactment thereof, or the Veterans
Readjustment Benefits Act of 1966, any amendments thereto or re-enactments
thereof, whether or not he or his spouse is a minor, may, in his name and
without any order of court or the intervention of a guardian or trustee,
execute any instruments, take title to real property, borrow money thereon, and
do all other acts necessary to secure to him all rights and benefits under said
acts, or any regulations thereunder, in as full and ample manner as if he and
his spouse had attained the age of eighteen years. No person eligible for such
loan, or his spouse, is, by reason only of such minority, incompetent to
acquire title to property by contract or to borrow thereon; and no instrument
made in connection with acquiring title to real estate or making such loan
shall be voidable on the grounds of minority of such person or his spouse.

Any person who has qualified under said acts or any regulations
thereunder and has secured a loan and taken title to real property thereunder
is capable of disposing of such property by deed or other conveyance,
notwithstanding the fact that he or his spouse is a minor, and no such deed or
other conveyance shall be voidable on the grounds of minority of such person or
his spouse.

When husband and wife are living separate and apart from each
other, or are divorced, and the question as to the parental rights and
responsibilities for the care of their children and the place of residence and
legal custodian of their children is brought before a court of competent
jurisdiction, they shall stand upon an equality as to the parental rights and
responsibilities for the care of their children and the place of residence and
legal custodian of their children, so far as parenthood is involved.

(A)
In
any divorce, legal separation, or annulment proceeding and in any proceeding
pertaining to the allocation of parental rights and responsibilities for the
care of a child, upon hearing the testimony of either or both parents and
considering any mediation report filed pursuant to section
3109.052 of the Revised Code and
in accordance with sections
3127.01 to
3127.53 of the Revised Code, the
court shall allocate the parental rights and responsibilities for the care of
the minor children of the marriage. Subject to division (D)(2) of this section,
the court may allocate the parental rights and responsibilities for the care of
the children in either of the following ways:

(1)
If
neither parent files a pleading or motion in accordance with division (G) of
this section, if at least one parent files a pleading or motion under that
division but no parent who filed a pleading or motion under that division also
files a plan for shared parenting, or if at least one parent files both a
pleading or motion and a shared parenting plan under that division but no plan
for shared parenting is in the best interest of the children, the court, in a
manner consistent with the best interest of the children, shall allocate the
parental rights and responsibilities for the care of the children primarily to
one of the parents, designate that parent as the residential parent and the
legal custodian of the child, and divide between the parents the other rights
and responsibilities for the care of the children, including, but not limited
to, the responsibility to provide support for the children and the right of the
parent who is not the residential parent to have continuing contact with the
children.

(2)
If at least
one parent files a pleading or motion in accordance with division (G) of this
section and a plan for shared parenting pursuant to that division and if a plan
for shared parenting is in the best interest of the children and is approved by
the court in accordance with division (D)(1) of this section, the court may
allocate the parental rights and responsibilities for the care of the children
to both parents and issue a shared parenting order requiring the parents to
share all or some of the aspects of the physical and legal care of the children
in accordance with the approved plan for shared parenting. If the court issues
a shared parenting order under this division and it is necessary for the
purpose of receiving public assistance, the court shall designate which one of
the parents' residences is to serve as the child's home. The child support
obligations of the parents under a shared parenting order issued under this
division shall be determined in accordance with Chapters 3119., 3121., 3123.,
and 3125. of the Revised Code.

(B)

(1)
When making the allocation of the
parental rights and responsibilities for the care of the children under this
section in an original proceeding or in any proceeding for modification of a
prior order of the court making the allocation, the court shall take into
account that which would be in the best interest of the children. In
determining the child's best interest for purposes of making its allocation of
the parental rights and responsibilities for the care of the child and for
purposes of resolving any issues related to the making of that allocation, the
court, in its discretion, may and, upon the request of either party, shall
interview in chambers any or all of the involved children regarding their
wishes and concerns with respect to the allocation.

(2)
If
the court interviews any child pursuant to division (B)(1) of this section, all
of the following apply:

(a)
The court, in
its discretion, may and, upon the motion of either parent, shall appoint a
guardian ad litem for the child.

(b)
The
court first shall determine the reasoning ability of the child. If the court
determines that the child does not have sufficient reasoning ability to express
the child's wishes and concern with respect to the allocation of parental
rights and responsibilities for the care of the child, it shall not determine
the child's wishes and concerns with respect to the allocation. If the court
determines that the child has sufficient reasoning ability to express the
child's wishes or concerns with respect to the allocation, it then shall
determine whether, because of special circumstances, it would not be in the
best interest of the child to determine the child's wishes and concerns with
respect to the allocation. If the court determines that, because of special
circumstances, it would not be in the best interest of the child to determine
the child's wishes and concerns with respect to the allocation, it shall not
determine the child's wishes and concerns with respect to the allocation and
shall enter its written findings of fact and opinion in the journal. If the
court determines that it would be in the best interests of the child to
determine the child's wishes and concerns with respect to the allocation, it
shall proceed to make that determination.

(c)
The
interview shall be conducted in chambers, and no person other than the child,
the child's attorney, the judge, any necessary court personnel, and, in the
judge's discretion, the attorney of each parent shall be permitted to be
present in the chambers during the interview.

(3)
No
person shall obtain or attempt to obtain from a child a written or recorded
statement or affidavit setting forth the child's wishes and concerns regarding
the allocation of parental rights and responsibilities concerning the child. No
court, in determining the child's best interest for purposes of making its
allocation of the parental rights and responsibilities for the care of the
child or for purposes of resolving any issues related to the making of that
allocation, shall accept or consider a written or recorded statement or
affidavit that purports to set forth the child's wishes and concerns regarding
those matters.

(C)
Prior to trial, the court may cause an investigation to be made as to the
character, family relations, past conduct, earning ability, and financial worth
of each parent and may order the parents and their minor children to submit to
medical, psychological, and psychiatric examinations. The report of the
investigation and examinations shall be made available to either parent or the
parent's counsel of record not less than five days before trial, upon written
request. The report shall be signed by the investigator, and the investigator
shall be subject to cross-examination by either parent concerning the contents
of the report. The court may tax as costs all or any part of the expenses for
each investigation.

If the court determines
that either parent previously has been convicted of or pleaded guilty to any
criminal offense involving any act that resulted in a child being a neglected
child, that either parent previously has been determined to be the perpetrator
of the neglectful act that is the basis of an adjudication that a child is a
neglected child, or that there is reason to believe that either parent has
acted in a manner resulting in a child being a neglected child, the court shall
consider that fact against naming that parent the residential parent and
against granting a shared parenting decree. When the court allocates parental
rights and responsibilities for the care of children or determines whether to
grant shared parenting in any proceeding, it shall consider whether either
parent or any member of the household of either parent has been convicted of or
pleaded guilty to a violation of section
2919.25 of the Revised Code or a
sexually oriented offense involving a victim who at the time of the commission
of the offense was a member of the family or household that is the subject of
the proceeding, has been convicted of or pleaded guilty to any sexually
oriented offense or other offense involving a victim who at the time of the
commission of the offense was a member of the family or household that is the
subject of the proceeding and caused physical harm to the victim in the
commission of the offense, or has been determined to be the perpetrator of the
abusive act that is the basis of an adjudication that a child is an abused
child. If the court determines that either parent has been convicted of or
pleaded guilty to a violation of section
2919.25 of the Revised Code or a
sexually oriented offense involving a victim who at the time of the commission
of the offense was a member of the family or household that is the subject of
the proceeding, has been convicted of or pleaded guilty to any sexually
oriented offense or other offense involving a victim who at the time of the
commission of the offense was a member of the family or household that is the
subject of the proceeding and caused physical harm to the victim in the
commission of the offense, or has been determined to be the perpetrator of the
abusive act that is the basis of an adjudication that a child is an abused
child, it may designate that parent as the residential parent and may issue a
shared parenting decree or order only if it determines that it is in the best
interest of the child to name that parent the residential parent or to issue a
shared parenting decree or order and it makes specific written findings of fact
to support its determination.

(D)

(1)

(a)
Upon the filing of a pleading or motion by either parent or both parents, in
accordance with division (G) of this section, requesting shared parenting and
the filing of a shared parenting plan in accordance with that division, the
court shall comply with division (D)(1)(a)(i), (ii), or (iii) of this section,
whichever is applicable:

(i)
If both
parents jointly make the request in their pleadings or jointly file the motion
and also jointly file the plan, the court shall review the parents' plan to
determine if it is in the best interest of the children. If the court
determines that the plan is in the best interest of the children, the court
shall approve it. If the court determines that the plan or any part of the plan
is not in the best interest of the children, the court shall require the
parents to make appropriate changes to the plan to meet the court's objections
to it. If changes to the plan are made to meet the court's objections, and if
the new plan is in the best interest of the children, the court shall approve
the plan. If changes to the plan are not made to meet the court's objections,
or if the parents attempt to make changes to the plan to meet the court's
objections, but the court determines that the new plan or any part of the new
plan still is not in the best interest of the children, the court may reject
the portion of the parents' pleadings or deny their motion requesting shared
parenting of the children and proceed as if the request in the pleadings or the
motion had not been made. The court shall not approve a plan under this
division unless it determines that the plan is in the best interest of the
children.

(ii)
If each
parent makes a request in the parent's pleadings or files a motion and each
also files a separate plan, the court shall review each plan filed to determine
if either is in the best interest of the children. If the court determines that
one of the filed plans is in the best interest of the children, the court may
approve the plan. If the court determines that neither filed plan is in the
best interest of the children, the court may order each parent to submit
appropriate changes to the parent's plan or both of the filed plans to meet the
court's objections, or may select one of the filed plans and order each parent
to submit appropriate changes to the selected plan to meet the court's
objections. If changes to the plan or plans are submitted to meet the court's
objections, and if any of the filed plans with the changes is in the best
interest of the children, the court may approve the plan with the changes. If
changes to the plan or plans are not submitted to meet the court's objections,
or if the parents submit changes to the plan or plans to meet the court's
objections but the court determines that none of the filed plans with the
submitted changes is in the best interest of the children, the court may reject
the portion of the parents' pleadings or deny their motions requesting shared
parenting of the children and proceed as if the requests in the pleadings or
the motions had not been made. If the court approves a plan under this
division, either as originally filed or with submitted changes, or if the court
rejects the portion of the parents' pleadings or denies their motions
requesting shared parenting under this division and proceeds as if the requests
in the pleadings or the motions had not been made, the court shall enter in the
record of the case findings of fact and conclusions of law as to the reasons
for the approval or the rejection or denial. Division (D)(1)(b) of this section
applies in relation to the approval or disapproval of a plan under this
division.

(iii)
If each
parent makes a request in the parent's pleadings or files a motion but only one
parent files a plan, or if only one parent makes a request in the parent's
pleadings or files a motion and also files a plan, the court in the best
interest of the children may order the other parent to file a plan for shared
parenting in accordance with division (G) of this section. The court shall
review each plan filed to determine if any plan is in the best interest of the
children. If the court determines that one of the filed plans is in the best
interest of the children, the court may approve the plan. If the court
determines that no filed plan is in the best interest of the children, the
court may order each parent to submit appropriate changes to the parent's plan
or both of the filed plans to meet the court's objections or may select one
filed plan and order each parent to submit appropriate changes to the selected
plan to meet the court's objections. If changes to the plan or plans are
submitted to meet the court's objections, and if any of the filed plans with
the changes is in the best interest of the children, the court may approve the
plan with the changes. If changes to the plan or plans are not submitted to
meet the court's objections, or if the parents submit changes to the plan or
plans to meet the court's objections but the court determines that none of the
filed plans with the submitted changes is in the best interest of the children,
the court may reject the portion of the parents' pleadings or deny the parents'
motion or reject the portion of the parents' pleadings or deny their motions
requesting shared parenting of the children and proceed as if the request or
requests or the motion or motions had not been made. If the court approves a
plan under this division, either as originally filed or with submitted changes,
or if the court rejects the portion of the pleadings or denies the motion or
motions requesting shared parenting under this division and proceeds as if the
request or requests or the motion or motions had not been made, the court shall
enter in the record of the case findings of fact and conclusions of law as to
the reasons for the approval or the rejection or denial. Division (D)(1)(b) of
this section applies in relation to the approval or disapproval of a plan under
this division.

(b)
The
approval of a plan under division (D)(1)(a)(ii) or (iii) of this section is
discretionary with the court. The court shall not approve more than one plan
under either division and shall not approve a plan under either division unless
it determines that the plan is in the best interest of the children. If the
court, under either division, does not determine that any filed plan or any
filed plan with submitted changes is in the best interest of the children, the
court shall not approve any plan.

(c)
Whenever possible, the court shall require that a shared parenting plan
approved under division (D)(1)(a)(i), (ii), or (iii) of this section ensure the
opportunity for both parents to have frequent and continuing contact with the
child, unless frequent and continuing contact with any parent would not be in
the best interest of the child.

(d)
If
a court approves a shared parenting plan under division (D)(1)(a)(i), (ii), or
(iii) of this section, the approved plan shall be incorporated into a final
shared parenting decree granting the parents the shared parenting of the
children. Any final shared parenting decree shall be issued at the same time as
and shall be appended to the final decree of dissolution, divorce, annulment,
or legal separation arising out of the action out of which the question of the
allocation of parental rights and responsibilities for the care of the children
arose.

No provisional shared
parenting decree shall be issued in relation to any shared parenting plan
approved under division (D)(1)(a)(i), (ii), or (iii) of this section. A final
shared parenting decree issued under this division has immediate effect as a
final decree on the date of its issuance, subject to modification or
termination as authorized by this section.

(2)
If
the court finds, with respect to any child under eighteen years of age, that it
is in the best interest of the child for neither parent to be designated the
residential parent and legal custodian of the child, it may commit the child to
a relative of the child or certify a copy of its findings, together with as
much of the record and the further information, in narrative form or otherwise,
that it considers necessary or as the juvenile court requests, to the juvenile
court for further proceedings, and, upon the certification, the juvenile court
has exclusive jurisdiction.

(E)

(1)

(a)
The court shall not modify a prior decree allocating parental rights and
responsibilities for the care of children unless it finds, based on facts that
have arisen since the prior decree or that were unknown to the court at the
time of the prior decree, that a change has occurred in the circumstances of
the child, the child's residential parent, or either of the parents subject to
a shared parenting decree, and that the modification is necessary to serve the
best interest of the child. In applying these standards, the court shall retain
the residential parent designated by the prior decree or the prior shared
parenting decree, unless a modification is in the best interest of the child
and one of the following applies:

(i)
The
residential parent agrees to a change in the residential parent or both parents
under a shared parenting decree agree to a change in the designation of
residential parent.

(ii)
The child,
with the consent of the residential parent or of both parents under a shared
parenting decree, has been integrated into the family of the person seeking to
become the residential parent.

(iii)
The harm likely to be caused by a change of environment is outweighed by the
advantages of the change of environment to the child.

(b)
One
or both of the parents under a prior decree allocating parental rights and
responsibilities for the care of children that is not a shared parenting decree
may file a motion requesting that the prior decree be modified to give both
parents shared rights and responsibilities for the care of the children. The
motion shall include both a request for modification of the prior decree and a
request for a shared parenting order that complies with division (G) of this
section. Upon the filing of the motion, if the court determines that a
modification of the prior decree is authorized under division (E)(1)(a) of this
section, the court may modify the prior decree to grant a shared parenting
order, provided that the court shall not modify the prior decree to grant a
shared parenting order unless the court complies with divisions (A) and (D)(1)
of this section and, in accordance with those divisions, approves the submitted
shared parenting plan and determines that shared parenting would be in the best
interest of the children.

(2)
In
addition to a modification authorized under division (E)(1) of this section:

(a)
Both
parents under a shared parenting decree jointly may modify the terms of the
plan for shared parenting approved by the court and incorporated by it into the
shared parenting decree. Modifications under this division may be made at any
time. The modifications to the plan shall be filed jointly by both parents with
the court, and the court shall include them in the plan, unless they are not in
the best interest of the children. If the modifications are not in the best
interests of the children, the court, in its discretion, may reject the
modifications or make modifications to the proposed modifications or the plan
that are in the best interest of the children. Modifications jointly submitted
by both parents under a shared parenting decree shall be effective, either as
originally filed or as modified by the court, upon their inclusion by the court
in the plan. Modifications to the plan made by the court shall be effective
upon their inclusion by the court in the plan.

(b)
The
court may modify the terms of the plan for shared parenting approved by the
court and incorporated by it into the shared parenting decree upon its own
motion at any time if the court determines that the modifications are in the
best interest of the children or upon the request of one or both of the parents
under the decree. Modifications under this division may be made at any time.
The court shall not make any modification to the plan under this division,
unless the modification is in the best interest of the children.

(c)
The
court may terminate a prior final shared parenting decree that includes a
shared parenting plan approved under division (D)(1)(a)(i) of this section upon
the request of one or both of the parents or whenever it determines that shared
parenting is not in the best interest of the children. The court may terminate
a prior final shared parenting decree that includes a shared parenting plan
approved under division (D)(1)(a)(ii) or (iii) of this section if it
determines, upon its own motion or upon the request of one or both parents,
that shared parenting is not in the best interest of the children. If
modification of the terms of the plan for shared parenting approved by the
court and incorporated by it into the final shared parenting decree is
attempted under division (E)(2)(a) of this section and the court rejects the
modifications, it may terminate the final shared parenting decree if it
determines that shared parenting is not in the best interest of the
children.

(d)
Upon the
termination of a prior final shared parenting decree under division (E)(2)(c)
of this section, the court shall proceed and issue a modified decree for the
allocation of parental rights and responsibilities for the care of the children
under the standards applicable under divisions (A), (B), and (C) of this
section as if no decree for shared parenting had been granted and as if no
request for shared parenting ever had been made.

(F)

(1)
In determining the best interest of a
child pursuant to this section, whether on an original decree allocating
parental rights and responsibilities for the care of children or a modification
of a decree allocating those rights and responsibilities, the court shall
consider all relevant factors, including, but not limited to:

(a)
The
wishes of the child's parents regarding the child's care;

(b)
If
the court has interviewed the child in chambers pursuant to division (B) of
this section regarding the child's wishes and concerns as to the allocation of
parental rights and responsibilities concerning the child, the wishes and
concerns of the child, as expressed to the court;

(c)
The
child's interaction and interrelationship with the child's parents, siblings,
and any other person who may significantly affect the child's best
interest;

(d)
The child's
adjustment to the child's home, school, and community;

(e)
The
mental and physical health of all persons involved in the situation;

(f)
The
parent more likely to honor and facilitate court-approved parenting time rights
or visitation and companionship rights;

(g)
Whether either parent has failed to make all child support payments, including
all arrearages, that are required of that parent pursuant to a child support
order under which that parent is an obligor;

(h)
Whether either parent or any member of the household of either parent
previously has been convicted of or pleaded guilty to any criminal offense
involving any act that resulted in a child being an abused child or a neglected
child; whether either parent, in a case in which a child has been adjudicated
an abused child or a neglected child, previously has been determined to be the
perpetrator of the abusive or neglectful act that is the basis of an
adjudication; whether either parent or any member of the household of either
parent previously has been convicted of or pleaded guilty to a violation of
section 2919.25 of the Revised Code or a
sexually oriented offense involving a victim who at the time of the commission
of the offense was a member of the family or household that is the subject of
the current proceeding; whether either parent or any member of the household of
either parent previously has been convicted of or pleaded guilty to any offense
involving a victim who at the time of the commission of the offense was a
member of the family or household that is the subject of the current proceeding
and caused physical harm to the victim in the commission of the offense; and
whether there is reason to believe that either parent has acted in a manner
resulting in a child being an abused child or a neglected child;

(i)
Whether the residential parent or one of the parents subject to a shared
parenting decree has continuously and willfully denied the other parent's right
to parenting time in accordance with an order of the court;

(j)
Whether either parent has established a residence, or is planning to establish
a residence, outside this state.

(2)
In
determining whether shared parenting is in the best interest of the children,
the court shall consider all relevant factors, including, but not limited to,
the factors enumerated in division (F)(1) of this section, the factors
enumerated in section
3119.23 of the Revised Code, and
all of the following factors:

(a)
The ability
of the parents to cooperate and make decisions jointly, with respect to the
children;

(b)
The ability
of each parent to encourage the sharing of love, affection, and contact between
the child and the other parent;

(c)
Any
history of, or potential for, child abuse, spouse abuse, other domestic
violence, or parental kidnapping by either parent;

(d)
The
geographic proximity of the parents to each other, as the proximity relates to
the practical considerations of shared parenting;

(e)
The
recommendation of the guardian ad litem of the child, if the child has a
guardian ad litem.

(3)
When allocating parental rights and responsibilities for the care of children,
the court shall not give preference to a parent because of that parent's
financial status or condition.

(G)
Either parent or both parents of any children may file a pleading or motion
with the court requesting the court to grant both parents shared parental
rights and responsibilities for the care of the children in a proceeding held
pursuant to division (A) of this section. If a pleading or motion requesting
shared parenting is filed, the parent or parents filing the pleading or motion
also shall file with the court a plan for the exercise of shared parenting by
both parents. If each parent files a pleading or motion requesting shared
parenting but only one parent files a plan or if only one parent files a
pleading or motion requesting shared parenting and also files a plan, the other
parent as ordered by the court shall file with the court a plan for the
exercise of shared parenting by both parents. The plan for shared parenting
shall be filed with the petition for dissolution of marriage, if the question
of parental rights and responsibilities for the care of the children arises out
of an action for dissolution of marriage, or, in other cases, at a time at
least thirty days prior to the hearing on the issue of the parental rights and
responsibilities for the care of the children. A plan for shared parenting
shall include provisions covering all factors that are relevant to the care of
the children, including, but not limited to, provisions covering factors such
as physical living arrangements, child support obligations, provision for the
children's medical and dental care, school placement, and the parent with which
the children will be physically located during legal holidays, school holidays,
and other days of special importance.

(H)
If
an appeal is taken from a decision of a court that grants or modifies a decree
allocating parental rights and responsibilities for the care of children, the
court of appeals shall give the case calendar priority and handle it
expeditiously.

(I)

(1)
Upon receipt of an
order for
active military service in the uniformed services, a parent who is subject to
an order allocating parental rights and responsibilities or in relation to whom
an action to allocate parental rights and responsibilities is pending and who
is ordered for active military service shall notify the other
parent who is subject to the order or in relation to whom the case is pending
of the order for active military service within three days of
receiving the military service order.

(2)
On
receipt of the notice described in division (I)(1) of this section,
either parent may apply to the court for a hearing to expedite an
allocation or modification proceeding so that the court
can issue an order before the parent's active military service begins.
The application shall include the date on which the active military service
begins.

The court shall schedule a
hearing upon receipt of the application and hold the hearing not later than
thirty days after receipt of the application, except that the court shall give
the case calendar priority and handle the case expeditiously if exigent
circumstances exist in the case.

The court shall not modify
a prior decree allocating parental rights and responsibilities unless the court
determines that there has been a change in circumstances of the child, the
child's residential parent, or either of the parents subject to a shared
parenting decree, and that modification is necessary to serve the best interest
of the child. The court shall not find past, present, or possible future
active military service in the uniformed services to
constitute a change in circumstances justifying modification of a prior decree pursuant to
division (E) of this section. The court shall make specific written
findings of fact to support any modification under this division.

(3)
Nothing in
division (I)
of this section shall prevent a court from issuing a temporary order
allocating or modifying parental rights and responsibilities for the duration
of the parent's active military service. A temporary
order shall specify whether the parent's active military service is the basis
of the order and shall provide for termination of the temporary order and
resumption of the prior order within ten days after receipt of notice pursuant
to division (I)(5) of this section, unless the other parent demonstrates that
resumption of the prior order is not in the child's best
interest.

(4)
At the request of a parent who is ordered for active
military service in the uniformed services and who is a subject of a proceeding
pertaining to a temporary order for the allocation or modification of parental
rights and responsibilities, the court shall permit the parent to participate
in the proceeding and present evidence by electronic means, including
communication by telephone, video, or internet to the extent permitted by the
rules of the supreme court of Ohio.

(5)
A
parent who is ordered for active military service in the uniformed services and
who is a subject of a proceeding pertaining to the allocation or modification
of parental rights and responsibilities shall provide written notice to the
court, child support enforcement agency, and the other parent of the date of
termination of the parent's active military service not later than thirty days
after the date on which the service ends.

(J)
As
used in this section:

(1)
"Abused
child" has the same meaning as in section
2151.031 of the Revised
Code.

(2)
"Active
military service" means service by a member of the
uniformed services in compliance with military orders to
report for combat operations, contingency operations, peacekeeping operations,
a remote tour of duty, or other active service for which the member is required
to report unaccompanied by any family member, including any period of illness,
recovery from injury, leave, or other lawful absence during that operation,
duty, or service.

(3)
"Neglected
child" has the same meaning as in section
2151.03 of the Revised
Code.

(4)
"Sexually
oriented offense" has the same meaning as in section
2950.01 of the Revised
Code.

(5)
"Uniformed
services" means the United States armed forces, the army national guard,
and the air national guard
or any reserve component
thereof, or the commissioned corps of the United States public health
service.

(K)
As used in the Revised Code, "shared parenting"
means that the parents share, in the manner set forth in the plan for shared
parenting that is approved by the court under division (D)(1) and described in
division (L)(6) of this section, all or some of the aspects of physical and
legal care of their children.

(L)
For
purposes of the Revised Code:

(1)
A parent who
is granted the care, custody, and control of a child under an order that was
issued pursuant to this section prior to April 11, 1991, and that does not
provide for shared parenting has "custody of the child" and "care, custody, and
control of the child" under the order, and is the "residential parent," the
"residential parent and legal custodian," or the "custodial parent" of the
child under the order.

(2)
A parent who
primarily is allocated the parental rights and responsibilities for the care of
a child and who is designated as the residential parent and legal custodian of
the child under an order that is issued pursuant to this section on or after
April 11, 1991, and that does not provide for shared parenting has "custody of
the child" and "care, custody, and control of the child" under the order, and
is the "residential parent," the "residential parent and legal custodian," or
the "custodial parent" of the child under the order.

(3)
A
parent who is not granted custody of a child under an order that was issued
pursuant to this section prior to April 11, 1991, and that does not provide for
shared parenting is the "parent who is not the residential parent," the "parent
who is not the residential parent and legal custodian," or the "noncustodial
parent" of the child under the order.

(4)
A
parent who is not primarily allocated the parental rights and responsibilities
for the care of a child and who is not designated as the residential parent and
legal custodian of the child under an order that is issued pursuant to this
section on or after April 11, 1991, and that does not provide for shared
parenting is the "parent who is not the residential parent," the "parent who is
not the residential parent and legal custodian," or the "noncustodial parent"
of the child under the order.

(5)
Unless the context clearly requires otherwise, if an order is issued by a court
pursuant to this section and the order provides for shared parenting of a
child, both parents have "custody of the child" or "care, custody, and control
of the child" under the order, to the extent and in the manner specified in the
order.

(6)
Unless the
context clearly requires otherwise and except as otherwise provided in the
order, if an order is issued by a court pursuant to this section and the order
provides for shared parenting of a child, each parent, regardless of where the
child is physically located or with whom the child is residing at a particular
point in time, as specified in the order, is the "residential parent," the
"residential parent and legal custodian," or the "custodial parent" of the
child.

(7)
Unless the
context clearly requires otherwise and except as otherwise provided in the
order, a designation in the order of a parent as the residential parent for the
purpose of determining the school the child attends, as the custodial parent
for purposes of claiming the child as a dependent pursuant to section 152(e) of
the "Internal Revenue Code of 1986," 100 Stat. 2085,
26 U.S.C.A. 1, as amended, or as the residential parent
for purposes of receiving public assistance pursuant to division (A)(2) of this
section, does not affect the designation pursuant to division (L)(6) of this
section of each parent as the "residential parent," the "residential parent and
legal custodian," or the "custodial parent" of the child.

(M)
The
court shall require each parent of a child to file an affidavit attesting as to
whether the parent, and the members of the parent's household, have been
convicted of or pleaded guilty to any of the offenses identified in divisions
(C) and (F)(1)(h) of this section.

(A)
Parties to any custody decree issued
pursuant to section
3109.04 of the Revised Code prior
to April 11, 1991, may file a motion with the court that issued the decree
requesting the issuance of a shared parenting decree in accordance with
division (G) of section
3109.04 of the Revised Code. Upon
the filing of the motion, the court shall determine whether to grant the
parents shared rights and responsibilities for the care of the children in
accordance with divisions (A), (D)(1), (E)(1), and (I) of section
3109.04 of the Revised Code.

(B)
A custody decree issued
pursuant to section
3109.04 of the Revised Code prior
to April 11, 1991, that granted joint care, custody, and control of the
children to the parents shall not be affected or invalidated by, and shall not
be construed as being affected or invalidated by, the provisions of section
3109.04 of the Revised Code
relative to the granting of a shared parenting decree or a decree allocating
parental rights and responsibilities for the care of children on and after
April 11, 1991. The decree issued prior to April 11, 1991 shall remain in full
force and effect, subject to modification or termination pursuant to section
3109.04 of the Revised Code as
that section exists on and after April 11, 1991.

(C)
As used in this section, "joint custody" and
"joint care, custody, and control" have the same meaning as "shared parenting."

(A)
An
unmarried female who gives birth to a child is the sole residential parent and
legal custodian of the child until a court of competent jurisdiction issues an
order designating another person as the residential parent and legal custodian.
A court designating the residential parent and legal custodian of a child
described in this section shall treat the mother and father as standing upon an
equality when making the designation.

(B)
Notwithstanding division (A) of this section, an
unmarried female who has been convicted of or pleaded guilty to rape or sexual
battery and has been declared under section 3109.501 of the Revised Code to be
the parent of a child born as a result of rape or sexual battery shall not be a
residential parent and legal custodian of that child.

In any proceeding pertaining to the allocation of parental
rights and responsibilities for the care of a child, when requested in the
complaint, answer, or counterclaim, or by motion served with the pleading, upon
satisfactory proof by affidavit duly filed with the clerk of the court, the
court, without oral hearing and for good cause shown, may make a temporary
order regarding the allocation of parental rights and responsibilities for the
care of the child while the action is pending.

If a parent and child relationship has not already been
established pursuant to section
3111.02 of the Revised Code, the
court may take into consideration when determining whether to award parenting
time, visitation rights, or temporary custody to a putative father that the
putative father is named on the birth record of the child, the child has the
putative father's surname, or a clear pattern of a parent and child
relationship between the child and the putative father exists.

(1)
In a divorce, dissolution of marriage, legal separation, or child support
proceeding, the court may order either or both parents to support or help
support their children, without regard to marital misconduct. In determining
the amount reasonable or necessary for child support, including the medical
needs of the child, the court shall comply with Chapter 3119. of the Revised
Code.

(2)
The court, in
accordance with Chapter 3119. of the Revised Code, shall include in each
support order made under this section the requirement that one or both of the
parents provide for the health care needs of the child to the satisfaction of
the court, and the court shall include in the support order a requirement that
all support payments be made through the office of child support in the
department of job and family services.

(3)
The court shall comply with Chapters 3119., 3121.,
3123., and 3125. of the Revised Code when it makes or modifies an order for
child support under this section.

(B)
The juvenile court has exclusive jurisdiction to
enter the orders in any case certified to it from another court.

(C)
If any person required to pay child
support under an order made under division (A) of this section on or after
April 15, 1985, or modified on or after December 1, 1986, is found in contempt
of court for failure to make support payments under the order, the court that
makes the finding, in addition to any other penalty or remedy imposed, shall
assess all court costs arising out of the contempt proceeding against the
person and require the person to pay any reasonable attorney's fees of any
adverse party, as determined by the court, that arose in relation to the act of
contempt and, on or after July 1, 1992, shall assess interest on any unpaid
amount of child support pursuant to section
3123.17 of the Revised Code.

(D)
The court shall not authorize
or permit the escrowing, impoundment, or withholding of any child support
payment ordered under this section or any other section of the Revised Code
because of a denial of or interference with a right of parenting time granted
to a parent in an order issued under this section or section
3109.051 or
3109.12 of the Revised Code or
companionship or visitation granted in an order issued under this section,
section 3109.051,
3109.11,
3109.12, or any other section of
the Revised Code, or as a method of enforcing the specific provisions of any
such order dealing with parenting time or visitation.

(A)
If a divorce, dissolution, legal separation, or
annulment proceeding involves a child and if the court has not issued a shared
parenting decree, the court shall consider any mediation report filed pursuant
to section
3109.052 of the Revised Code and,
in accordance with division (C) of this section, shall make a just and
reasonable order or decree permitting each parent who is not the residential
parent to have parenting time with the child at the time and under the
conditions that the court directs, unless the court determines that it would
not be in the best interest of the child to permit that parent to have
parenting time with the child and includes in the journal its findings of fact
and conclusions of law. Whenever possible, the order or decree permitting the
parenting time shall ensure the opportunity for both parents to have frequent
and continuing contact with the child, unless frequent and continuing contact
by either parent with the child would not be in the best interest of the child.
The court shall include in its final decree a specific schedule of parenting
time for that parent. Except as provided in division (E)(6) of section
3113.31 of the Revised Code, if
the court, pursuant to this section, grants parenting time to a parent or
companionship or visitation rights to any other person with respect to any
child, it shall not require the public children services agency to provide
supervision of or other services related to that parent's exercise of parenting
time or that person's exercise of companionship or visitation rights with
respect to the child. This section does not limit the power of a juvenile court
pursuant to Chapter 2151. of the Revised Code to issue orders with respect to
children who are alleged to be abused, neglected, or dependent children or to
make dispositions of children who are adjudicated abused, neglected, or
dependent children or of a common pleas court to issue orders pursuant to
section 3113.31 of the Revised
Code.

(B)

(1)
In a
divorce, dissolution of marriage, legal separation, annulment, or child support
proceeding that involves a child, the court may grant reasonable companionship
or visitation rights to any grandparent, any person related to the child by
consanguinity or affinity, or any other person other than a parent, if all of
the following apply:

(a)
The
grandparent, relative, or other person files a motion with the court seeking
companionship or visitation rights.

(b)
The
court determines that the grandparent, relative, or other person has an
interest in the welfare of the child.

(c)
The
court determines that the granting of the companionship or visitation rights is
in the best interest of the child.

(2)
A motion may be filed under division (B)(1) of
this section during the pendency of the divorce, dissolution of marriage, legal
separation, annulment, or child support proceeding or, if a motion was not
filed at that time or was filed at that time and the circumstances in the case
have changed, at any time after a decree or final order is issued in the
case.

(C)
When determining whether to grant parenting time
rights to a parent pursuant to this section or section
3109.12 of the Revised Code or to
grant companionship or visitation rights to a grandparent, relative, or other
person pursuant to this section or section
3109.11 or
3109.12 of the Revised Code, when
establishing a specific parenting time or visitation schedule, and when
determining other parenting time matters under this section or section
3109.12 of the Revised Code or
visitation matters under this section or section
3109.11 or
3109.12 of the Revised Code, the
court shall consider any mediation report that is filed pursuant to section
3109.052 of the Revised Code and
shall consider all other relevant factors, including, but not limited to, all
of the factors listed in division (D) of this section. In considering the
factors listed in division (D) of this section for purposes of determining
whether to grant parenting time or visitation rights, establishing a specific
parenting time or visitation schedule, determining other parenting time matters
under this section or section
3109.12 of the Revised Code or
visitation matters under this section or under section
3109.11 or
3109.12 of the Revised Code, and
resolving any issues related to the making of any determination with respect to
parenting time or visitation rights or the establishment of any specific
parenting time or visitation schedule, the court, in its discretion, may
interview in chambers any or all involved children regarding their wishes and
concerns. If the court interviews any child concerning the child's wishes and
concerns regarding those parenting time or visitation matters, the interview
shall be conducted in chambers, and no person other than the child, the child's
attorney, the judge, any necessary court personnel, and, in the judge's
discretion, the attorney of each parent shall be permitted to be present in the
chambers during the interview. No person shall obtain or attempt to obtain from
a child a written or recorded statement or affidavit setting forth the wishes
and concerns of the child regarding those parenting time or visitation matters.
A court, in considering the factors listed in division (D) of this section for
purposes of determining whether to grant any parenting time or visitation
rights, establishing a parenting time or visitation schedule, determining other
parenting time matters under this section or section
3109.12 of the Revised Code or
visitation matters under this section or under section
3109.11 or
3109.12 of the Revised Code, or
resolving any issues related to the making of any determination with respect to
parenting time or visitation rights or the establishment of any specific
parenting time or visitation schedule, shall not accept or consider a written
or recorded statement or affidavit that purports to set forth the child's
wishes or concerns regarding those parenting time or visitation
matters.

(D)
In determining whether to grant parenting time to
a parent pursuant to this section or section
3109.12 of the Revised Code or
companionship or visitation rights to a grandparent, relative, or other person
pursuant to this section or section
3109.11 or
3109.12 of the Revised Code, in
establishing a specific parenting time or visitation schedule, and in
determining other parenting time matters under this section or section
3109.12 of the Revised Code or
visitation matters under this section or section
3109.11 or
3109.12 of the Revised Code, the
court shall consider all of the following factors:

(1)
The
prior interaction and interrelationships of the child with the child's parents,
siblings, and other persons related by consanguinity or affinity, and with the
person who requested companionship or visitation if that person is not a
parent, sibling, or relative of the child;

(2)
The
geographical location of the residence of each parent and the distance between
those residences, and if the person is not a parent, the geographical location
of that person's residence and the distance between that person's residence and
the child's residence;

(3)
The
child's and parents' available time, including, but not limited to, each
parent's employment schedule, the child's school schedule, and the child's and
the parents' holiday and vacation schedule;

(4)
The age
of the child;

(5)
The
child's adjustment to home, school, and community;

(6)
If the
court has interviewed the child in chambers, pursuant to division (C) of this
section, regarding the wishes and concerns of the child as to parenting time by
the parent who is not the residential parent or companionship or visitation by
the grandparent, relative, or other person who requested companionship or
visitation, as to a specific parenting time or visitation schedule, or as to
other parenting time or visitation matters, the wishes and concerns of the
child, as expressed to the court;

(7)
The
health and safety of the child;

(8)
The
amount of time that will be available for the child to spend with
siblings;

(9)
The
mental and physical health of all parties;

(10)
Each
parent's willingness to reschedule missed parenting time and to facilitate the
other parent's parenting time rights, and with respect to a person who
requested companionship or visitation, the willingness of that person to
reschedule missed visitation;

(11)
In
relation to parenting time, whether either parent previously has been convicted
of or pleaded guilty to any criminal offense involving any act that resulted in
a child being an abused child or a neglected child; whether either parent, in a
case in which a child has been adjudicated an abused child or a neglected
child, previously has been determined to be the perpetrator of the abusive or
neglectful act that is the basis of the adjudication; and whether there is
reason to believe that either parent has acted in a manner resulting in a child
being an abused child or a neglected child;

(12)
In
relation to requested companionship or visitation by a person other than a
parent, whether the person previously has been convicted of or pleaded guilty
to any criminal offense involving any act that resulted in a child being an
abused child or a neglected child; whether the person, in a case in which a
child has been adjudicated an abused child or a neglected child, previously has
been determined to be the perpetrator of the abusive or neglectful act that is
the basis of the adjudication; whether either parent previously has been
convicted of or pleaded guilty to a violation of section
2919.25 of the Revised Code
involving a victim who at the time of the commission of the offense was a
member of the family or household that is the subject of the current
proceeding; whether either parent previously has been convicted of an offense
involving a victim who at the time of the commission of the offense was a
member of the family or household that is the subject of the current proceeding
and caused physical harm to the victim in the commission of the offense; and
whether there is reason to believe that the person has acted in a manner
resulting in a child being an abused child or a neglected child;

(13)
Whether the residential parent or one of the parents subject to a shared
parenting decree has continuously and willfully denied the other parent's right
to parenting time in accordance with an order of the court;

(14)
Whether either parent has established a residence or is planning to establish a
residence outside this state;

(15)
In
relation to requested companionship or visitation by a person other than a
parent, the wishes and concerns of the child's parents, as expressed by them to
the court;

(16)
Any
other factor in the best interest of the child.

(E)
The remarriage of a residential parent of a child
does not affect the authority of a court under this section to grant parenting
time rights with respect to the child to the parent who is not the residential
parent or to grant reasonable companionship or visitation rights with respect
to the child to any grandparent, any person related by consanguinity or
affinity, or any other person.

(F)

(1)
If the
court, pursuant to division (A) of this section, denies parenting time to a
parent who is not the residential parent or denies a motion for reasonable
companionship or visitation rights filed under division (B) of this section and
the parent or movant files a written request for findings of fact and
conclusions of law, the court shall state in writing its findings of fact and
conclusions of law in accordance with Civil Rule 52.

(2)
On or before July 1, 1991, each court of common
pleas, by rule, shall adopt standard parenting time guidelines. A court shall
have discretion to deviate from its standard parenting time guidelines based
upon factors set forth in division (D) of this section.

(G)

(1)
If the
residential parent intends to move to a residence other than the residence
specified in the parenting time order or decree of the court, the parent shall
file a notice of intent to relocate with the court that issued the order or
decree. Except as provided in divisions (G)(2), (3), and (4) of this section,
the court shall send a copy of the notice to the parent who is not the
residential parent. Upon receipt of the notice, the court, on its own motion or
the motion of the parent who is not the residential parent, may schedule a
hearing with notice to both parents to determine whether it is in the best
interest of the child to revise the parenting time schedule for the
child.

(2)
When a court grants parenting time rights to a
parent who is not the residential parent, the court shall determine whether
that parent has been convicted of or pleaded guilty to a violation of section
2919.25 of the Revised Code
involving a victim who at the time of the commission of the offense was a
member of the family or household that is the subject of the proceeding, has
been convicted of or pleaded guilty to any other offense involving a victim who
at the time of the commission of the offense was a member of the family or
household that is the subject of the proceeding and caused physical harm to the
victim in the commission of the offense, or has been determined to be the
perpetrator of the abusive act that is the basis of an adjudication that a
child is an abused child. If the court determines that that parent has not been
so convicted and has not been determined to be the perpetrator of an abusive
act that is the basis of a child abuse adjudication, the court shall issue an
order stating that a copy of any notice of relocation that is filed with the
court pursuant to division (G)(1) of this section will be sent to the parent
who is given the parenting time rights in accordance with division (G)(1) of
this section.

If the court
determines that the parent who is granted the parenting time rights has been
convicted of or pleaded guilty to a violation of section
2919.25 of the Revised Code
involving a victim who at the time of the commission of the offense was a
member of the family or household that is the subject of the proceeding, has
been convicted of or pleaded guilty to any other offense involving a victim who
at the time of the commission of the offense was a member of the family or
household that is the subject of the proceeding and caused physical harm to the
victim in the commission of the offense, or has been determined to be the
perpetrator of the abusive act that is the basis of an adjudication that a
child is an abused child, it shall issue an order stating that that parent will
not be given a copy of any notice of relocation that is filed with the court
pursuant to division (G)(1) of this section unless the court determines that it
is in the best interest of the children to give that parent a copy of the
notice of relocation, issues an order stating that that parent will be given a
copy of any notice of relocation filed pursuant to division (G)(1) of this
section, and issues specific written findings of fact in support of its
determination.

(3)
If a court, prior to April 11, 1991, issued an
order granting parenting time rights to a parent who is not the residential
parent and did not require the residential parent in that order to give the
parent who is granted the parenting time rights notice of any change of address
and if the residential parent files a notice of relocation pursuant to division
(G)(1) of this section, the court shall determine if the parent who is granted
the parenting time rights has been convicted of or pleaded guilty to a
violation of section
2919.25 of the Revised Code
involving a victim who at the time of the commission of the offense was a
member of the family or household that is the subject of the proceeding, has
been convicted of or pleaded guilty to any other offense involving a victim who
at the time of the commission of the offense was a member of the family or
household that is the subject of the proceeding and caused physical harm to the
victim in the commission of the offense, or has been determined to be the
perpetrator of the abusive act that is the basis of an adjudication that a
child is an abused child. If the court determines that the parent who is
granted the parenting time rights has not been so convicted and has not been
determined to be the perpetrator of an abusive act that is the basis of a child
abuse adjudication, the court shall issue an order stating that a copy of any
notice of relocation that is filed with the court pursuant to division (G)(1)
of this section will be sent to the parent who is granted parenting time rights
in accordance with division (G)(1) of this section.

If the court
determines that the parent who is granted the parenting time rights has been
convicted of or pleaded guilty to a violation of section
2919.25 of the Revised Code
involving a victim who at the time of the commission of the offense was a
member of the family or household that is the subject of the proceeding, has
been convicted of or pleaded guilty to any other offense involving a victim who
at the time of the commission of the offense was a member of the family or
household that is the subject of the proceeding and caused physical harm to the
victim in the commission of the offense, or has been determined to be the
perpetrator of the abusive act that is the basis of an adjudication that a
child is an abused child, it shall issue an order stating that that parent will
not be given a copy of any notice of relocation that is filed with the court
pursuant to division (G)(1) of this section unless the court determines that it
is in the best interest of the children to give that parent a copy of the
notice of relocation, issues an order stating that that parent will be given a
copy of any notice of relocation filed pursuant to division (G)(1) of this
section, and issues specific written findings of fact in support of its
determination.

(4)
If a parent who is granted parenting time rights
pursuant to this section or any other section of the Revised Code is authorized
by an order issued pursuant to this section or any other court order to receive
a copy of any notice of relocation that is filed pursuant to division (G)(1) of
this section or pursuant to court order, if the residential parent intends to
move to a residence other than the residence address specified in the parenting
time order, and if the residential parent does not want the parent who is
granted the parenting time rights to receive a copy of the relocation notice
because the parent with parenting time rights has been convicted of or pleaded
guilty to a violation of section
2919.25 of the Revised Code
involving a victim who at the time of the commission of the offense was a
member of the family or household that is the subject of the proceeding, has
been convicted of or pleaded guilty to any other offense involving a victim who
at the time of the commission of the offense was a member of the family or
household that is the subject of the proceeding and caused physical harm to the
victim in the commission of the offense, or has been determined to be the
perpetrator of the abusive act that is the basis of an adjudication that a
child is an abused child, the residential parent may file a motion with the
court requesting that the parent who is granted the parenting time rights not
receive a copy of any notice of relocation. Upon the filing of the motion, the
court shall schedule a hearing on the motion and give both parents notice of
the date, time, and location of the hearing. If the court determines that the
parent who is granted the parenting time rights has been so convicted or has
been determined to be the perpetrator of an abusive act that is the basis of a
child abuse adjudication, the court shall issue an order stating that the
parent who is granted the parenting time rights will not be given a copy of any
notice of relocation that is filed with the court pursuant to division (G)(1)
of this section or that the residential parent is no longer required to give
that parent a copy of any notice of relocation unless the court determines that
it is in the best interest of the children to give that parent a copy of the
notice of relocation, issues an order stating that that parent will be given a
copy of any notice of relocation filed pursuant to division (G)(1) of this
section, and issues specific written findings of fact in support of its
determination. If it does not so find, it shall dismiss the motion.

(H)

(1)
Subject to
section 3125.16 and division (F) of
section 3319.321 of the Revised Code, a
parent of a child who is not the residential parent of the child is entitled to
access, under the same terms and conditions under which access is provided to
the residential parent, to any record that is related to the child and to which
the residential parent of the child legally is provided access, unless the
court determines that it would not be in the best interest of the child for the
parent who is not the residential parent to have access to the records under
those same terms and conditions. If the court determines that the parent of a
child who is not the residential parent should not have access to records
related to the child under the same terms and conditions as provided for the
residential parent, the court shall specify the terms and conditions under
which the parent who is not the residential parent is to have access to those
records, shall enter its written findings of facts and opinion in the journal,
and shall issue an order containing the terms and conditions to both the
residential parent and the parent of the child who is not the residential
parent. The court shall include in every order issued pursuant to this division
notice that any keeper of a record who knowingly fails to comply with the order
or division (H) of this section is in contempt of court.

(2)
Subject to section
3125.16 and division (F) of
section 3319.321 of the Revised Code,
subsequent to the issuance of an order under division (H)(1) of this section,
the keeper of any record that is related to a particular child and to which the
residential parent legally is provided access shall permit the parent of the
child who is not the residential parent to have access to the record under the
same terms and conditions under which access is provided to the residential
parent, unless the residential parent has presented the keeper of the record
with a copy of an order issued under division (H)(1) of this section that
limits the terms and conditions under which the parent who is not the
residential parent is to have access to records pertaining to the child and the
order pertains to the record in question. If the residential parent presents
the keeper of the record with a copy of that type of order, the keeper of the
record shall permit the parent who is not the residential parent to have access
to the record only in accordance with the most recent order that has been
issued pursuant to division (H)(1) of this section and presented to the keeper
by the residential parent or the parent who is not the residential parent. Any
keeper of any record who knowingly fails to comply with division (H) of this
section or with any order issued pursuant to division (H)(1) of this section is
in contempt of court.

(3)
The prosecuting attorney of any county may file a
complaint with the court of common pleas of that county requesting the court to
issue a protective order preventing the disclosure pursuant to division (H)(1)
or (2) of this section of any confidential law enforcement investigatory
record. The court shall schedule a hearing on the motion and give notice of the
date, time, and location of the hearing to all parties.

(I)
A court that issues a parenting time order or
decree pursuant to this section or section
3109.12 of the Revised Code shall
determine whether the parent granted the right of parenting time is to be
permitted access, in accordance with section 5104.039 of the Revised
Code, to any child day-care center that is, or that in the future may be,
attended by the children with whom the right of parenting time is granted.
Unless the court determines that the parent who is not the residential parent
should not have access to the center to the same extent that the residential
parent is granted access to the center, the parent who is not the residential
parent and who is granted parenting time rights is entitled to access to the
center to the same extent that the residential parent is granted access to the
center. If the court determines that the parent who is not the residential
parent should not have access to the center to the same extent that the
residential parent is granted such access under section
5104.039 of the Revised
Code, the court shall specify the terms and conditions under which the parent
who is not the residential parent is to have access to the center, provided
that the access shall not be greater than the access that is provided to the
residential parent under
section 5104.039 of the Revised
Code, the court shall enter its written findings of fact and opinions in the
journal, and the court shall include the terms and conditions of access in the
parenting time order or decree.

(J)

(1)
Subject to
division (F) of section
3319.321 of the Revised Code, when
a court issues an order or decree allocating parental rights and
responsibilities for the care of a child, the parent of the child who is not
the residential parent of the child is entitled to access, under the same terms
and conditions under which access is provided to the residential parent, to any
student activity that is related to the child and to which the residential
parent of the child legally is provided access, unless the court determines
that it would not be in the best interest of the child to grant the parent who
is not the residential parent access to the student activities under those same
terms and conditions. If the court determines that the parent of the child who
is not the residential parent should not have access to any student activity
that is related to the child under the same terms and conditions as provided
for the residential parent, the court shall specify the terms and conditions
under which the parent who is not the residential parent is to have access to
those student activities, shall enter its written findings of facts and opinion
in the journal, and shall issue an order containing the terms and conditions to
both the residential parent and the parent of the child who is not the
residential parent. The court shall include in every order issued pursuant to
this division notice that any school official or employee who knowingly fails
to comply with the order or division (J) of this section is in contempt of
court.

(2)
Subject to division (F) of section
3319.321 of the Revised Code,
subsequent to the issuance of an order under division (J)(1) of this section,
all school officials and employees shall permit the parent of the child who is
not the residential parent to have access to any student activity under the
same terms and conditions under which access is provided to the residential
parent of the child, unless the residential parent has presented the school
official or employee, the board of education of the school, or the governing
body of the chartered nonpublic school with a copy of an order issued under
division (J)(1) of this section that limits the terms and conditions under
which the parent who is not the residential parent is to have access to student
activities related to the child and the order pertains to the student activity
in question. If the residential parent presents the school official or
employee, the board of education of the school, or the governing body of the
chartered nonpublic school with a copy of that type of order, the school
official or employee shall permit the parent who is not the residential parent
to have access to the student activity only in accordance with the most recent
order that has been issued pursuant to division (J)(1) of this section and
presented to the school official or employee, the board of education of the
school, or the governing body of the chartered nonpublic school by the
residential parent or the parent who is not the residential parent. Any school
official or employee who knowingly fails to comply with division (J) of this
section or with any order issued pursuant to division (J)(1) of this section is
in contempt of court.

(K)
If any person is found in contempt of court for
failing to comply with or interfering with any order or decree granting
parenting time rights issued pursuant to this section or section
3109.12 of the Revised Code or
companionship or visitation rights issued pursuant to this section, section
3109.11 or
3109.12 of the Revised Code, or
any other provision of the Revised Code, the court that makes the finding, in
addition to any other penalty or remedy imposed, shall assess all court costs
arising out of the contempt proceeding against the person and require the
person to pay any reasonable attorney's fees of any adverse party, as
determined by the court, that arose in relation to the act of contempt, and may
award reasonable compensatory parenting time or visitation to the person whose
right of parenting time or visitation was affected by the failure or
interference if such compensatory parenting time or visitation is in the best
interest of the child. Any compensatory parenting time or visitation awarded
under this division shall be included in an order issued by the court and, to
the extent possible, shall be governed by the same terms and conditions as was
the parenting time or visitation that was affected by the failure or
interference.

(L)
Any parent who requests reasonable parenting time
rights with respect to a child under this section or section
3109.12 of the Revised Code or any
person who requests reasonable companionship or visitation rights with respect
to a child under this section, section
3109.11 or
3109.12 of the Revised Code, or
any other provision of the Revised Code may file a motion with the court
requesting that it waive all or any part of the costs that may accrue in the
proceedings. If the court determines that the movant is indigent and that the
waiver is in the best interest of the child, the court, in its discretion, may
waive payment of all or any part of the costs of those proceedings.

(M)

(1)
A parent
who receives an order for active military service in the uniformed services and
who is subject to a parenting time order may apply to the court for any of the
following temporary orders for the period extending from the date of the
parent's departure to the date of return:

(a)
An
order delegating all or part of the parent's parenting time with the child to a
relative or to another person who has a close and substantial relationship with
the child if the delegation is in the child's best interest;

(b)
An
order that the other parent make the child reasonably available for parenting
time with the parent when the parent is on leave from active military
service;

(c)
An
order that the other parent facilitate contact, including telephone and
electronic contact, between the parent and child while the parent is on active
military service.

(2)

(a)
Upon
receipt of an order for active military service, a parent who is subject to a
parenting time order and seeks an order under division (M)(1) of this section
shall notify the other parent who is subject to the parenting time order and
apply to the court as soon as reasonably possible after receipt of the order
for active military service. The application shall include the date on which
the active military service begins.

(b)
The court shall schedule a hearing upon receipt of
an application under division (M) of this section and hold the hearing not
later than thirty days after its receipt, except that the court shall give the
case calendar priority and handle the case expeditiously if exigent
circumstances exist in the case. No hearing shall be required if both parents
agree to the terms of the requested temporary order and the court determines
that the order is in the child's best interest.

(c)
In determining whether a delegation under division
(M)(1)(a) of this section is in the child's best interest, the court shall
consider all relevant factors, including the factors set forth in division (D)
of this section.

(d)
An order delegating all or part of the parent's
parenting time pursuant to division (M)(1)(a) of this section does not create
standing on behalf of the person to whom parenting time is delegated to assert
visitation or companionship rights independent of the order.

(3)
At the request of a parent who is ordered for
active military service in the uniformed services and who is a subject of a
proceeding pertaining to a parenting time order or pertaining to a request for
companionship rights or visitation with a child, the court shall permit the
parent to participate in the proceeding and present evidence by electronic
means, including communication by telephone, video, or internet to the extent
permitted by rules of the supreme court of Ohio.

(N)
The juvenile court has exclusive jurisdiction to
enter the orders in any case certified to it from another court.

(O)
As used in this section:

(1)
"Abused
child" has the same meaning as in section
2151.031 of the Revised Code, and
"neglected child" has the same meaning as in section
2151.03 of the Revised
Code.

(2)
"Active
military service" and "uniformed services" have the same meanings as in section
3109.04 of the Revised
Code.

(3)
"Confidential law enforcement investigatory record" has the same meaning as in
section 149.43 of the Revised
Code.

(4)
"Parenting time order" means an order establishing the amount of time that a
child spends with the parent who is not the residential parent or the amount of
time that the child is to be physically located with a parent under a shared
parenting order.

(5)
"Record" means any record, document, file, or other material that contains
information directly related to a child, including, but not limited to, any of
the following:

(a)
Records
maintained by public and nonpublic schools;

(b)
Records
maintained by facilities that provide child care, as defined in section
5104.01 of the Revised Code,
publicly funded child care, as defined in section
5104.01 of the Revised Code, or
pre-school services operated by or under the supervision of a school district
board of education or a nonpublic school;

(c)
Records
maintained by hospitals, other facilities, or persons providing medical or
surgical care or treatment for the child;

(d)
Records
maintained by agencies, departments, instrumentalities, or other entities of
the state or any political subdivision of the state, other than a child support
enforcement agency. Access to records maintained by a child support enforcement
agency is governed by section
3125.16 of the Revised
Code.

(A)
If a proceeding for divorce,
dissolution, legal separation, annulment, or the allocation of parental rights
and responsibilities for the care of a child involves one or more children, if
the parents of the children do not agree upon an appropriate allocation of
parental rights and responsibilities for the care of their children or do not
agree upon a specific schedule of parenting time for their children, the court
may order the parents to mediate their differences on those matters in
accordance with mediation procedures adopted by the court by local rule. When
the court determines whether mediation is appropriate in any proceeding, it
shall consider whether either parent previously has been convicted of or
pleaded guilty to a violation of section
2919.25 of the Revised Code
involving a victim who at the time of the commission of the offense was a
member of the family or household that is the subject of the proceeding,
whether either parent previously has been convicted of or pleaded guilty to an
offense involving a victim who at the time of the commission of the offense was
a member of the family or household that is the subject of the proceeding and
caused physical harm to the victim in the commission of the offense, and
whether either parent has been determined to be the perpetrator of the abusive
act that is the basis of an adjudication that a child is an abused child. If
either parent has been convicted of or pleaded guilty to a violation of section
2919.25 of the Revised Code
involving a victim who at the time of the commission of the offense was a
member of the family or household that is the subject of the proceeding, has
been convicted of or pleaded guilty to any other offense involving a victim who
at the time of the commission of the offense was a member of the family or
household that is the subject of the proceeding and caused physical harm to the
victim in the commission of the offense, or has been determined to be the
perpetrator of the abusive act that is the basis of an adjudication that a
child is an abused child, the court may order mediation only if the court
determines that it is in the best interests of the parties to order mediation
and makes specific written findings of fact to support its determination.

If a court issues an order pursuant to this division requiring
mediation, it also may order the parents to file a mediation report within a
specified period of time and order the parents to pay the cost of mediation,
unless either or both of the parents file a motion requesting that the court
waive that requirement. Upon the filing of a motion requesting the waiver of
that requirement, the court, for good cause shown, may waive the requirement
that either or both parents pay the cost of mediation or may require one of the
parents to pay the entire cost of mediation. Any mediation procedures adopted
by local court rule for use under this division shall include, but are not
limited to, provisions establishing qualifications for mediators who may be
employed or used and provisions establishing standards for the conduct of the
mediation.

(B)
If a
mediation order is issued under division (A) of this section and the order
requires the parents to file a mediation report, the mediator and each parent
who takes part in mediation in accordance with the order jointly shall file a
report of the results of the mediation process with the court that issued the
order under that division. A mediation report shall indicate only whether
agreement has been reached on any of the issues that were the subject of the
mediation, and, if agreement has been reached, the content and details of the
agreement. No mediation report shall contain any background information
concerning the mediation process or any information discussed or presented in
the process. The court shall consider the mediation report when it allocates
parental rights and responsibilities for the care of children under section
3109.04 of the Revised Code and
when it establishes a specific schedule of parenting time under section
3109.051 of the Revised Code. The
court is not bound by the mediation report and shall consider the best interest
of the children when making that allocation or establishing the parenting time
schedule.

(C)
If a mediation
order is issued under division (A) of this section, the mediator shall not be
made a party to, and shall not be called as a witness or testify in, any action
or proceeding, other than a criminal, delinquency, child abuse, child neglect,
or dependent child action or proceeding, that is brought by or against either
parent and that pertains to the mediation process, to any information discussed
or presented in the mediation process, to the allocation of parental rights and
responsibilities for the care of the parents' children, or to the awarding of
parenting time rights in relation to their children. The mediator shall not be
made a party to, or be called as a witness or testify in, such an action or
proceeding even if both parents give their prior consent to the mediator being
made a party to or being called as a witness or to testify in the action or
proceeding.

(D)
Division (A) of
this section does not apply to either of the following:

(1)
Any proceeding, or the use of mediation
in any proceeding that is not a proceeding for divorce, dissolution, legal
separation, annulment, or the allocation of parental rights and
responsibilities for the care of a child;

(2)
The use of mediation in any proceeding
for divorce, dissolution, legal separation, annulment, or the allocation of
parental rights and responsibilities for the care of a child, in relation to
issues other than the appropriate allocation of parental rights and
responsibilities for the care of the parents' children and other than a
specific parenting time schedule for the parents' children.

In any divorce, legal separation, or annulment proceeding and
in any proceeding pertaining to the allocation of parental rights and
responsibilities for the care of a child, the court may require, by rule or
otherwise, that the parents attend classes on parenting or other related issues
or obtain counseling before the court issues an order allocating the parental
rights and responsibilities for the care of the minor children of the marriage.
If a court in any proceeding requires parents to attend classes on parenting or
other related issues or to obtain counseling, the court may require that the
parents' children attend the classes or counseling with the parents. If the
court orders the parents to attend classes or obtain counseling, the court
shall impose the cost of the classes and counseling on, and may allocate the
costs between, the parents, except that if the court determines that both
parents are indigent, the court shall not impose the cost of the classes or
counseling on the parents.

Except as
provided in division (K) of section
2301.03 of the Revised Code,
any court, other than a juvenile court, that has jurisdiction in any case
respecting the allocation of parental rights and responsibilities for the care
of a child under eighteen years of age and the designation of the child's place
of residence and legal custodian or in any case respecting the support of a
child under eighteen years of age, may, on its own motion or on motion of any
interested party, with the consent of the juvenile court, certify the record in
the case or so much of the record and such further information, in narrative
form or otherwise, as the court deems necessary or the juvenile court requests,
to the juvenile court for further proceedings; upon the certification, the
juvenile court shall have exclusive jurisdiction.

In cases in which the
court of common pleas finds the parents unsuitable to have the parental rights
and responsibilities for the care of the child or children and unsuitable to
provide the place of residence and to be the legal custodian of the child or
children, consent of the juvenile court shall not be required to such
certification. This section applies to actions pending on August 28, 1951.

In any case in which a
court of common pleas, or other court having jurisdiction, has issued an order
that allocates parental rights and responsibilities for the care of minor
children and designates their place of residence and legal custodian of minor
children, has made an order for support of minor children, or has done both,
the jurisdiction of the court shall not abate upon the death of the person
awarded custody but shall continue for all purposes during the minority of the
children. The court, upon its own motion or the motion of either parent or of
any interested person acting on behalf of the children, may proceed to make
further disposition of the case in the best interests of the children and
subject to sections
3109.42 to
3109.48 of the Revised Code. If
the children are under eighteen years of age, it may certify them, pursuant to
this section, to the juvenile court of any county for further proceedings.
After certification to a juvenile court, the jurisdiction of the court of
common pleas, or other court, shall cease, except as to any payments of spousal
support due for the spouse and support payments due and unpaid for the children
at the time of the certification.

Any disposition made
pursuant to this section, whether by a juvenile court after a case is certified
to it, or by any court upon the death of a person awarded custody of a child,
shall be made in accordance with sections
3109.04 and
3109.42 to
3109.48 of the Revised Code. If an
appeal is taken from a decision made pursuant to this section that allocates
parental rights and responsibilities for the care of a minor child and
designates the child's place of residence and legal custodian, the court of
appeals shall give the case calendar priority and handle it expeditiously.

(1)
Both parents unless
division (A)(2) or (3) of this section applies;

(2)
The parent designated the residential
parent and legal custodian pursuant to an order issued under section
3109.04 of the Revised Code that
is not a shared parenting order;

(3)
The custodial parent of a child born out
of wedlock with respect to whom no custody order has been issued.

(B)
Any owner of
property, including any board of education of a city, local, exempted village,
or joint vocational school district, may maintain a civil action to recover
compensatory damages not exceeding ten thousand dollars and court costs from
the parent of a minor if the minor willfully damages property belonging to the
owner or commits acts cognizable as a "theft offense," as defined in section
2913.01 of the Revised Code,
involving the property of the owner. The action may be joined with an action
under Chapter 2737. of the Revised Code against the minor, or the minor and the
minor's parent, to recover the property regardless of value, but any additional
damages recovered from the parent pursuant to this section shall be limited to
compensatory damages not exceeding ten thousand dollars, as authorized by this
section. A finding of willful destruction of property or of committing acts
cognizable as a theft offense is not dependent upon a prior finding that the
child is a delinquent child or upon the child's conviction of any criminal
offense.

(C)

(1)
If a court renders a judgment in favor of a board
of education of a city, local, exempted village, or joint vocational school
district in an action brought pursuant to division (B) of this section, if the
board of education agrees to the parent's performance of community service in
lieu of full payment of the judgment, and if the parent who is responsible for
the payment of the judgment agrees to voluntarily participate in the
performance of community service in lieu of full payment of the judgment, the
court may order the parent to perform community service in lieu of providing
full payment of the judgment.

(2)
If a court, pursuant to division (C)(1) of this section, orders a parent to
perform community service in lieu of providing full payment of a judgment, the
court shall specify in its order the amount of the judgment, if any, to be paid
by the parent, the type and number of hours of community service to be
performed by the parent, and any other conditions necessary to carry out the
order.

(D)
This
section shall not apply to a parent of a minor if the minor was married at the
time of the commission of the acts or violations that would otherwise give rise
to a civil action commenced under this section.

(E)
Any action brought pursuant to this section shall
be commenced and heard as in other civil actions.

(F)
The monetary limitation upon compensatory damages
set forth in this section does not apply to a civil action brought pursuant to
section 2307.70 of the Revised Code.

As used in this section, "parent" has the same meaning as in
section 3109.09 of the Revised Code.

Any person is entitled to maintain an action to recover
compensatory damages in a civil action, in an amount not to exceed ten thousand
dollars and costs of suit in a court of competent jurisdiction, from the parent
of a child under the age of eighteen if the child willfully and maliciously
assaults the person by a means or force likely to produce great bodily harm. A
finding of willful and malicious assault by a means or force likely to produce
great bodily harm is not dependent upon a prior finding that the child is a
delinquent child.

Any action brought pursuant to this section shall be commenced
and heard as in other civil actions for damages.

The monetary limitation upon compensatory damages set forth in
this section does not apply to a civil action brought pursuant to section
2307.70 of the Revised Code.

If either the father or mother of an unmarried minor child is
deceased, the court of common pleas of the county in which the minor child
resides may grant the parents and other relatives of the deceased father or
mother reasonable companionship or visitation rights with respect to the minor
child during the child's minority if the parent or other relative files a
complaint requesting reasonable companionship or visitation rights and if the
court determines that the granting of the companionship or visitation rights is
in the best interest of the minor child. In determining whether to grant any
person reasonable companionship or visitation rights with respect to any child,
the court shall consider all relevant factors, including, but not limited to,
the factors set forth in division (D) of section
3109.051 of the Revised Code.
Divisions (C), (K), and (L) of section
3109.051 of the Revised Code apply
to the determination of reasonable companionship or visitation rights under
this section and to any order granting any such rights that is issued under
this section.

The remarriage of the surviving parent of the child or the
adoption of the child by the spouse of the surviving parent of the child does
not affect the authority of the court under this section to grant reasonable
companionship or visitation rights with respect to the child to a parent or
other relative of the child's deceased father or mother.

If the court denies a request for reasonable companionship or
visitation rights made pursuant to this section and the complainant files a
written request for findings of fact and conclusions of law, the court shall
state in writing its findings of fact and conclusions of law in accordance with
Civil Rule 52.

Except as provided in division (E)(6) of section
3113.31 of the Revised Code, if
the court, pursuant to this section, grants any person companionship or
visitation rights with respect to any child, it shall not require the public
children services agency to provide supervision of or other services related to
that person's exercise of companionship or visitation rights with respect to
the child. This section does not limit the power of a juvenile court pursuant
to Chapter 2151. of the Revised Code to issue orders with respect to children
who are alleged to be abused, neglected, or dependent children or to make
dispositions of children who are adjudicated abused, neglected, or dependent
children or of a common pleas court to issue orders pursuant to section
3113.31 of the Revised Code.

(A)
If a child is born to an unmarried
woman, the parents of the woman and any relative of the woman may file a
complaint requesting the court of common pleas of the county in which the child
resides to grant them reasonable companionship or visitation rights with the
child. If a child is born to an unmarried woman and if the father of the child
has acknowledged the child and that acknowledgment has become final pursuant to
section 2151.232,
3111.25, or
3111.821 of the Revised Code or
has been determined in an action under Chapter 3111. of the Revised Code to be
the father of the child, the father may file a complaint requesting that the
court of appropriate jurisdiction of the county in which the child resides
grant him reasonable parenting time rights with the child and the parents of
the father and any relative of the father may file a complaint requesting that
the court grant them reasonable companionship or visitation rights with the
child.

(B)
The court may grant
the parenting time rights or companionship or visitation rights requested under
division (A) of this section, if it determines that the granting of the
parenting time rights or companionship or visitation rights is in the best
interest of the child. In determining whether to grant reasonable parenting
time rights or reasonable companionship or visitation rights with respect to
any child, the court shall consider all relevant factors, including, but not
limited to, the factors set forth in division (D) of section
3109.051 of the Revised Code.
Divisions (C), (K), and (L) of section
3109.051 of the Revised Code apply
to the determination of reasonable parenting time rights or reasonable
companionship or visitation rights under this section and to any order granting
any such rights that is issued under this section.

The marriage or remarriage of the mother or father of a child
does not affect the authority of the court under this section to grant the
natural father reasonable parenting time rights or the parents or relatives of
the natural father or the parents or relatives of the mother of the child
reasonable companionship or visitation rights with respect to the child.

If the court denies a request for reasonable parenting time
rights or reasonable companionship or visitation rights made pursuant to
division (A) of this section and the complainant files a written request for
findings of fact and conclusions of law, the court shall state in writing its
findings of fact and conclusions of law in accordance with Civil Rule 52.

Except as provided in division (E)(6) of section
3113.31 of the Revised Code, if
the court, pursuant to this section, grants parenting time rights or
companionship or visitation rights with respect to any child, it shall not
require the public children services agency to provide supervision of or other
services related to that parent's exercise of parenting time rights with the
child or that person's exercise of companionship or visitation rights with the
child. This section does not limit the power of a juvenile court pursuant to
Chapter 2151. of the Revised Code to issue orders with respect to children who
are alleged to be abused, neglected, or dependent children or to make
dispositions of children who are adjudicated abused, neglected, or dependent
children or of a common pleas court to issue orders pursuant to section
3113.31 of the Revised Code.

(A)
"Child abuse and child neglect prevention
programs" means programs that use primary and secondary prevention strategies
that are conducted at the local level and activities and projects of statewide
significance designed to strengthen families and prevent child abuse and child
neglect.

(B)
"Primary prevention strategies" are activities and
services provided to the public designed to prevent or reduce the prevalence of
child abuse and child neglect before signs of abuse or neglect can be
observed.

(C)
"Secondary prevention strategies" are activities
and services that are provided to a specific population identified as having
risk factors for child abuse and child neglect and are designed to intervene at
the earliest warning signs of child abuse or child neglect, or whenever a child
can be identified as being at risk of abuse or neglect.

(A)
As used in this section, "birth record" and
"certification of birth" have the meanings given in section
3705.01 of the Revised
Code.

(B)

(1)
The
director of health, a person authorized by the director, a local commissioner
of health, or a local registrar of vital statistics shall charge and collect a
fee for each certified copy of a birth record, for each certification of birth,
and for each copy of a death record. The fee shall be three dollars. The fee is
in addition to the fee imposed by section
3705.24 or any other section of
the Revised Code. A local commissioner of health or a local registrar of vital
statistics may retain an amount of each additional fee collected, not to exceed
three per cent of the amount of the additional fee, to be used for costs
directly related to the collection of the fee and the forwarding of the fee to
the department of health.

The additional fees
collected by the director of health or a person authorized by the director and
the additional fees collected but not retained by a local commissioner of
health or a local registrar of vital statistics shall be forwarded to the
department of health not later than thirty days following the end of each
quarter. Not later than two days after the fees are forwarded to the department
each quarter, the department shall pay the collected fees to the treasurer of
state in accordance with rules adopted by the treasurer of state under section
113.08 of the Revised
Code.

(2)
Upon the filing for a divorce decree under section
3105.10 or a decree of
dissolution under section
3105.65 of the Revised Code, a
court of common pleas shall charge and collect a fee. The fee shall be eleven
dollars. The fee is in addition to any other court costs or fees. The county
clerk of courts may retain an amount of each additional fee collected, not to
exceed three per cent of the amount of the additional fee, to be used for costs
directly related to the collection of the fee and the forwarding of the fee to
the treasurer of state. The additional fees collected, but not retained, under
division (B)(2) of this section shall be forwarded to the treasurer of state
not later than twenty days following the end of each month.

(C)
The treasurer of state shall deposit the fees paid
or forwarded under this section in the state treasury to the credit of the
children's trust fund, which is hereby created. A person or government entity
that fails to forward the fees in a timely manner, as determined by the
treasurer of state, shall send to the treasurer of state, in addition to the
fees, a penalty equal to ten per cent of the fees.

The treasurer of
state shall invest the moneys in the fund, and all earnings resulting from
investment of the fund shall be credited to the fund, except that actual
administrative costs incurred by the treasurer of state in administering the
fund may be deducted from the earnings resulting from investments. The amount
that may be deducted shall not exceed three per cent of the total amount of
fees credited to the fund in each fiscal year, except that the children's trust
fund board may approve an amount for actual administrative costs exceeding
three per cent but not exceeding four per cent of such amount. The balance of
the investment earnings shall be credited to the fund. Moneys credited to the
fund shall be used only for the purposes described in sections
3109.13 to
3109.179 of the Revised Code.

There is hereby
created within the department of job and family services the children's trust
fund board consisting of fifteen members. The directors of mental health and
addiction services, health, and job and family services shall be members of the
board. Eight public members shall be appointed by the governor. These members
shall be persons with demonstrated knowledge in programs for children, shall be
representative of the demographic composition of this state, and, to the extent
practicable, shall be representative of the following categories: the
educational community; the legal community; the social work community; the
medical community; the voluntary sector; and professional providers of child
abuse and child neglect services. Two members of the board shall be
members of the house of representatives appointed by the speaker of the house
of representatives and shall be members of two different political parties. Two
members of the board shall be members of the senate appointed by the president
of the senate and shall be members of two different political parties. All
members of the board appointed by the speaker of the house of representatives
or the president of the senate shall serve until the expiration of the sessions
of the general assembly during which they were appointed. They may be
reappointed to an unlimited number of successive terms of two years at the
pleasure of the speaker of the house of representatives or president of the
senate. Public members shall serve terms of three years. Each member shall
serve until the member's successor is appointed, or until a period of sixty
days has elapsed, whichever occurs first. No public member may serve more than
two consecutive full terms. All vacancies on the board shall be filled for the
balance of the unexpired term in the same manner as the original
appointment.

Any member of the
board may be removed by the member's appointing authority for misconduct,
incompetency, or neglect of duty after first being given the opportunity to be
heard in the member's own behalf. Pursuant to section
3.17 of the Revised Code, a
member, except a member of the general assembly or a judge of any court in the
state, who fails to attend at least three-fifths of the regular and special
meetings held by the board during any two-year period forfeits the member's
position on the board.

Each member of the
board shall serve without compensation but shall be reimbursed for all actual
and necessary expenses incurred in the performance of official duties.

At the beginning of
the first year of each even-numbered general assembly, the chairperson of the
board shall be appointed by the speaker of the house of representatives from
among members of the board who are members of the house of representatives. At
the beginning of the first year of each odd-numbered general assembly, the
chairperson of the board shall be appointed by the president of the senate from
among the members of the board who are senate members.

The board shall
biennially select a vice-chair from among its nonlegislative members.

(A)
The children's trust fund board, upon the
recommendation of the director of job and family services, shall approve the
employment of an executive director who will administer the programs of the
board.

(B)
The department of job and family services shall
provide budgetary, procurement, accounting, and other related management
functions for the board and may adopt rules in accordance with Chapter 119. of
the Revised Code for these purposes. An amount not to exceed three per cent of
the total amount of fees deposited in the children's trust fund in each fiscal
year may be used for costs directly related to these administrative functions
of the department. Each fiscal year, the board shall approve a budget for
administrative expenditures for the next fiscal year.

(C)
The board may request that the department adopt
rules the board considers necessary for the purpose of carrying out the board's
responsibilities under this section, and the department may adopt those rules.
The department may, after consultation with the board and the executive
director, adopt any other rules to assist the board in carrying out its
responsibilities under this section. In either case, the rules shall be adopted
under Chapter 119. of the Revised Code.

(D)
The board shall meet at least quarterly at the
call of the chairperson to conduct its official business. All business
transactions of the board shall be conducted in public meetings. Eight members
of the board constitute a quorum. A majority of the quorum is required
to make all decisions of the
board.

(E)
With respect to funding, all of the following
apply:

(1)
The
board may apply for and accept federal and other funds for the purpose of
funding child abuse and child neglect prevention programs.

(2)
The board may solicit and accept gifts, money, and other donations from any
public or private source, including individuals, philanthropic foundations or
organizations, corporations, or corporation endowments.

(3)
The board may develop private-public partnerships to support the mission of the
children's trust fund.

(4)
The acceptance and use of federal and other funds shall not entail any
commitment or pledge of state funds, nor obligate the general assembly to
continue the programs or activities for which the federal and other funds are
made available.

(5)
All
funds received in the manner described in this section shall be transmitted to
the treasurer of state, who shall credit them to the children's trust fund
created in section 3109.14 of the Revised
Code.

(A)
The children's trust fund
board shall establish a strategic plan for
child abuse and child
neglect prevention. The plan shall be transmitted to the governor, the
president and minority leader of the senate, and the speaker and minority
leader of the house of representatives and shall be made available to the
general public.

(B)
In developing and carrying out the
strategic plan, the children's trust fund board shall,
in accordance with rules adopted by the department pursuant to Chapter 119. of
the Revised Code, do all of the following:

(1)
Ensure that an opportunity exists for assistance through child abuse and child
neglect prevention programs to persons throughout the state of various social
and economic backgrounds;

(2)

Allocate funds to entities
for the purpose of funding child abuse and child
neglect prevention programs that have statewide significance and that have been
approved by the children's trust fund board;

(3)
Provide for the
monitoring of expenditures from the children's trust fund and of programs that
receive money from the children's trust fund;

(4)
Establish
reporting requirements for both of the following:

(a)
Regional child abuse and child neglect prevention councils,
including deadlines for the submission of the progress and annual reports
required under section 3107.172 of the Revised Code;

(b)
Children's advocacy centers, including deadlines for the
submission of reports required under section 3107.178 of the Revised
Code.

(5)
Collaborate with
appropriate persons and government entities and facilitate the exchange of
information among those persons and entities for the purpose of child abuse and
child neglect prevention;

(6)
Provide for the
education of the public and professionals for the purpose of child abuse and
child neglect prevention

.

(C)
The children's trust fund board shall prepare a
report for each fiscal biennium that delineates the expenditure of money from
the children's trust fund. On or before January 1, 2002, and on or before the
first day of January of a year that follows the end of a fiscal biennium of
this state, the board shall file a copy of the report with the governor, the
president and minority leader of the senate, and the speaker and minority
leader of the house of representatives.

(D)
The children's trust fund board shall develop a
list of all state and federal sources of funding that might be available for
establishing, operating, or establishing and operating a children's advocacy
center under sections
2151.425 to
2151.428 of the Revised Code.
The board periodically shall update the list as necessary. The board shall
maintain, or provide for the maintenance of, the list at an appropriate
location. That location may be the offices of the department of job and family
services. The board shall provide the list upon request to any children's
advocacy center or to any person or entity identified in section
2151.426 of the Revised Code as
a person or entity that may participate in the establishment of a children's
advocacy center.

For the purpose of administering child abuse and child
neglect prevention programming and services approved by the children's trust
fund board, there are hereby created the following eight child abuse and child
neglect prevention regions in the state:

(A)
As
used in this section, "county prevention specialist" includes the following:

(1)
Members of agencies responsible for the administration
of children's services in the counties within a child abuse and child neglect
prevention region established in section
3109.171 of the Revised
Code;

(2)
Providers of
alcohol or drug addiction services or members of boards of alcohol, drug addiction, and
mental health services that serve counties within a region;

(3)
Providers of mental health services or members of boards of alcohol, drug addiction, and
mental health services that serve counties within a region;

(4)
Members of county boards of developmental disabilities
that serve counties within a region;

(5)
Members of the educational community appointed by the
superintendent of the school district with the largest enrollment in the
counties within a region;

(6)
Juvenile justice officials serving counties within a region;

(7)
Pediatricians, health department nurses, and other members of the medical community in the counties
within a region;

(8)
Counselors
and social workers serving counties within a region;

(9)
Head start agencies serving counties within a region;

(10)
Child care providers serving counties within a region;

(11)
Other persons with demonstrated knowledge in programs for children serving
counties within a region.

(B)
Each child abuse and child neglect prevention region shall have a child abuse
and child neglect regional prevention council as appointed under divisions (C),
(D), and (E) of this section. Each council shall operate in accordance with
rules adopted by the department of job and family services pursuant to Chapter
119. of the Revised Code.

(C)

(1)
Each board of county commissioners within a region may appoint up to two county
prevention specialists to the council representing the county, in accordance
with rules adopted by the department of job and family services under Chapter
119. of the Revised Code.

(2)
The children's trust fund board may appoint additional county prevention
specialists to each region's council at the board's discretion.

(3)
A
representative of the council's regional prevention coordinator shall serve as
a nonvoting member of the council.

(D)
Each council member appointed under division (C)(1) of this section shall be
appointed for a two-year term. Each council member appointed under division
(C)(2) or (3) of this section shall be appointed for a three-year term. A
member may be reappointed, but for two consecutive terms only.

(E)
A
member may be removed from the council by the member's appointing authority for
misconduct, incompetence, or neglect of duty.

(F)
Each appointed member of a council shall
serve
without compensation but shall be
reimbursed for all actual and necessary expenses incurred in the
performance of official duties.

(G)
The representative of the regional prevention coordinator shall serve as
chairperson of the council.

(H)
Each council shall meet at least quarterly.

(I)
Council members shall do all of the following:

(1)
Attend meetings of the council on which they serve;

(2)
Assist the regional prevention coordinator in conducting a needs assessment to
ascertain the child abuse and child neglect prevention programming and services
that are needed in their region;

(5)
Any
additional duties specified in accordance with rules adopted by the department
pursuant to Chapter 119. of the Revised Code.

(J)
No council member shall participate in matters of the
council pertaining to their own interests, including applications for funding
by a council member or any entity, public or private, of which a council member
serves as either a board member or employee.

(K)
Each council shall file with the children's trust fund board, not later than
the due dates specified by the board, a progress report and an annual report
regarding the council's child abuse and child neglect prevention programs and
activities undertaken in accordance with the council's regional prevention
plan. The reports shall contain all information required by the
board.

(A)
Each child abuse and
child neglect regional prevention council shall be under the direction of a
regional prevention coordinator. The children's trust fund board shall select
each region's coordinator through a competitive selection process conducted by
the board.

(B)
Regional prevention
coordinators shall do all of the following:

(1)
Select a representative
to serve as chairperson of the regional prevention council;

(2)
Conduct a needs
assessment to ascertain the child abuse and neglect prevention programming and
services that are needed in the region;

(3)
Work with county
prevention specialists in the region to assemble the regional prevention plan
based on children's trust fund board guidelines pursuant to section 3109.174 of
the Revised Code;

Each child abuse and child neglect regional prevention
council shall submit to the children's trust fund board a regional prevention
plan for funding child abuse and child neglect prevention programs and
activities based on criteria set forth by the children's trust fund.

The plan shall be submitted on the form and in the
manner specified in rules adopted by the department of job and family services
pursuant to Chapter 119. of the Revised Code.

(A)
The children's trust fund
board may deny funding or allocate a reduced amount of funds on a pro-rated
daily basis to a child abuse and child neglect regional prevention council for
the fiscal year for which a regional prevention plan was required to be
developed under any of the following circumstances:

(1)
If a council fails to
submit to the board a regional prevention plan pursuant to section 3109.174 of
the Revised Code by the date specified by the board;

(2)
If a council fails to
submit to the board an amended plan pursuant to division (C) of section
3109.175 of the Revised Code;

(3)
If the board fails to
approve a plan or an amended plan submitted by a council.

(B)
The board may allocate a
reduced amount of funds to a council on a pro-rated daily basis for the
following fiscal year if the council fails to submit to the board a progress
report or annual report as required by section
3109.172 of the Revised Code not
later than the due dates specified by the board for those reports.

(A)
Each child abuse and
child neglect regional prevention council may request from the children's trust
fund board up to five thousand dollars for each county within the council's
region to be used as one-time, start-up costs for the establishment and
operation of a children's advocacy center to serve each county in the region or
a center to serve two or more contiguous counties within the region.

(B)
On receipt of a request
made under this section, the board shall review and approve or disapprove the
request.

(C)
If the board disapproves
the request, the board shall send to the requesting council written notice of
the disapproval that states the reasons for the disapproval.

(D)
No funds allocated to a
council under this section may be used as start-up costs for any children's
advocacy center unless the center has as a component a primary prevention
strategy.

(E)
A council that receives
funds under this section in any fiscal year shall not use the funds received in
a different fiscal year or for a different center in any fiscal year without
the approval of the board.

(F)
A children's advocacy
center established using funds awarded under this section shall comply with
sections 2151.425 to
2151.428 of the Revised
Code.

(G)
Each children's advocacy
center that receives funds under this section shall file with its respective
council, by the date specified by the board, an annual report that includes the
information required by the board. The council shall forward a copy of the
annual report to the board.

(A)
As used in this section, "minor" has the
same meaning as in section
3107.01 of the Revised Code.

(B)

(1)
If a child is born to parents who are unmarried
and unemancipated minors, a parent of one of the minors is providing support
for the minors' child, and the minors have not signed an acknowledgment of
paternity or a parent and child relationship has not been established between
the child and the male minor, the parent who is providing support for the child
may request a determination of the existence or nonexistence of a parent and
child relationship between the child and the male minor pursuant to Chapter
3111. of the Revised Code.

(2)
If
a child is born to parents who are unmarried and unemancipated minors, a parent
of one of the minors is providing support for the child, and the minors have
signed an acknowledgment of paternity that has become final pursuant to section
2151.232,
3111.25, or
3111.821 of the Revised Code or a
parent and child relationship has been established between the child and the
male minor pursuant to Chapter 3111. of the Revised Code, the parent who is
providing support for the child may file a complaint requesting that the court
issue an order or may request the child support enforcement agency of the
county in which the child resides to issue an administrative order requiring
all of the minors' parents to pay support for the child.

(C)

(1)
On receipt of a complaint filed under division (B)(2) of this section, the
court shall schedule a hearing to determine, in accordance with Chapters 3119.,
3121., 3123., and 3125. of the Revised Code, the amount of child support the
minors' parents are required to pay, the method of paying the support, and the
method of providing for the child's health care needs. On receipt of a request
under division (B)(2) of this section, the agency shall schedule a hearing to
determine, in accordance with Chapters 3119., 3121., 3123., and 3125. of the
Revised Code, the amount of child support the minors' parents are required to
pay, the method of paying the support, and the method of providing for the
child's health care needs. At the conclusion of the hearing, the court or
agency shall issue an order requiring the payment of support of the child and
provision for the child's health care needs. The court or agency shall
calculate the child support amount using the income of the minors' parents
instead of the income of the minors. If any of the minors' parents are
divorced, the court or agency shall calculate the child support as if they were
married, and issue a child support order requiring the parents to pay a portion
of any support imposed as a separate obligation. If a child support order
issued pursuant to section
2151.23,
2151.231,
2151.232,
3111.13,
3111.81 of the Revised Code
requires one of the minors to pay support for the child, the amount the minor
is required to pay shall be deducted from any amount that minor's parents are
required to pay pursuant to an order issued under this section. The hearing
shall be held not later than sixty days after the day the complaint is filed or
the request is made nor earlier than thirty days after the court or agency
gives the minors' parents notice of the action.

(2)
An order issued by an agency for the payment of
child support shall include a notice stating all of the following: that the
parents of the minors may object to the order by filing a complaint pursuant to
division (B)(2) of this section with the court requesting that the court issue
an order requiring the minors' parents to pay support for the child and provide
for the child's health care needs; that the complaint may be filed no later
than thirty days after the date of the issuance of the agency's order; and
that, if none of the parents of the minors file a complaint pursuant to
division (B)(2) of this section, the agency's order is final and enforceable by
a court and may be modified and enforced only in accordance with Chapters
3119., 3121., 3123., and 3125. of the Revised Code.

(D)
An order issued by a court or agency
under this section shall remain in effect, except as modified pursuant to
Chapters 3119., 3121., 3123., and 3125. of the Revised Code until the
occurrence of any of the following:

(1)
The
minor who resides with the parents required to pay support under this section
reaches the age of eighteen years, dies, marries, enlists in the armed
services, is deported, gains legal or physical custody of the child, or is
otherwise emancipated.

(2)
The
child who is the subject of the order dies, is adopted, is deported, or is
transferred to the legal or physical custody of the minor who lives with the
parents required to pay support under this section.

(3)
The minor's parents to whom support is
being paid pursuant to this section is no longer providing any support for the
child.

(E)
The minor's
parents to whom support is being paid under a child support order issued by a
court or agency pursuant to this section shall notify, and the minor's parents
who are paying support may notify the child support enforcement agency of the
occurrence of any event described in division (D) of this section. A willful
failure to notify the agency as required by this division is contempt of court
with respect to a court child support order. Upon receiving notification
pursuant to this division, the agency shall comply with sections
3119.90 to
3119.94 of the Revised Code.

(1)
That the parent and child
relationship is of fundamental importance to the welfare of a child, and that
the relationship between a child and each parent should be fostered unless
inconsistent with the child's best interests;

(2)
That parents have the responsibility to
make decisions and perform other parenting functions necessary for the care and
growth of their children;

(3)
That
the courts, when allocating parenting functions and responsibilities with
respect to the child in a divorce, dissolution of marriage, legal separation,
annulment, or any other proceeding addressing the allocation of parental rights
and responsibilities, must determine the child's best interests;

(4)
That the courts and parents must take
into consideration the following general principles when allocating parental
rights and responsibilities and developing appropriate terms for parenting
plans:

(a)
Children are served by a parenting
arrangement that best provides for a child's safety, emotional growth, health,
stability, and physical care.

(b)
Exposure of the child to harmful parental conflict should be minimized as much
as possible.

(c)
Whenever
appropriate, parents should be encouraged to meet their responsibilities to
their children through agreements rather than by relying on judicial
intervention.

(d)
When a parenting
plan provides for mutual decision-making responsibility by the parents but they
are unable to make decisions mutually, they should make a good faith effort to
utilize the mediation process as required by the parenting plan.

(e)
In apportioning between the parents the
daily physical living arrangements of the child and the child's location during
legal and school holidays, vacations, and days of special importance, a court
should not impose any type of standard schedule unless a standard schedule
meets the needs of the child better than any proposed alternative parenting
plan.

(B)
It
is, therefore, the purpose of this chapter, when it is in the child's best
interest, to foster the relationship between the child and each parent when a
court allocates parental rights and responsibilities with respect to the child
in a divorce, dissolution, legal separation, annulment, or any other proceeding
addressing the allocation of parental rights and responsibilities.

(C)
There is hereby created the task force
on family law and children consisting of twenty-four members. The Ohio state
bar association shall appoint three members who shall be attorneys with
extensive experience in the practice of family law. The Ohio association of
domestic relations judges shall appoint three members who shall be domestic
relations judges. The Ohio association of juvenile and family court judges
shall appoint three members who shall be juvenile or family court judges. The
chief justice of the supreme court shall appoint eight members, three of whom
shall be persons who practice in the field of family law mediation, two of whom
shall be persons who practice in the field of child psychology, one of whom
shall be a person who represents parent and child advocacy organizations, one
of whom shall be a person who provides parenting education services, and one of
whom shall be a magistrate employed by a domestic relations or juvenile court.
The speaker of the house of representatives shall appoint two members who shall
be members of the house of representatives and who shall be from different
political parties. The president of the senate shall appoint two members who
shall be members of the senate and who shall be from different political
parties. The governor shall appoint two members who shall represent child
caring agencies. One member shall be the director of job and family services or
the director's designee. The chief justice shall designate one member of the
task force to chair the task force.

The appointing authorities and persons shall make appointments
to the task force on family law and children within thirty days after September
1, 1998. Sections
101.82 to
101.87 of the Revised Code do not
apply to the task force.

(D)
The task force on family law and children shall do
all of the following:

(1)
Appoint and fix the
compensation of any technical, professional, and clerical employees and perform
any services that are necessary to carry out the powers and duties of the task
force on family law and children. All employees of the task force shall serve
at the pleasure of the task force.

(2)
By July 1, 2001, submit to the speaker
and minority leader of the house of representatives and to the president and
the minority leader of the senate a report of its findings and recommendations
on how to create a more civilized and constructive process for the parenting of
children whose parents do not reside together. The recommendations shall
propose a system to do all of the following:

(a)
Put children first;

(b)
Provide families with choices before they
make a decision to obtain or finalize a divorce, dissolution, legal separation,
or annulment;

(c)
Redirect human
services to intervention and prevention, rather than supporting the casualties
of the current process;

(d)
Avoid
needless conflict between the participants;

(e)
Encourage problem solving among the
participants;

(f)
Force the
participants to act responsibly;

(g)
Shield both the participants and their
children from lasting emotional damage.

(3)
Gather information on and study the
current state of family law in this state;

(4)
Collaborate and consult with entities
engaged in family and children's issues including, but not limited to, the Ohio
association of child caring agencies, the Ohio family court feasibility study,
and the Ohio courts futures commission;

(5)
Utilize findings and outcomes from pilot
projects conducted by the Ohio family court feasibility study to explore
alternatives in creating a more civilized and constructive process for the
parenting of children whose parents do not reside together with an emphasis on
the areas of mediation and obtaining visitation compliance.

(E)
Courts of common
pleas shall cooperate with the task force on family law and children in the
performance of the task force's duties described in division (D) of this
section.

Except as provided in section
3109.47 of the Revised Code, if a
parent is convicted of killing the other parent of a child, no court shall
issue a custody order designating the parent as the residential parent and
legal custodian of the child or granting custody of the child to the parent.

Except as provided in section
3109.47 of the Revised Code, if a
parent is convicted of killing the other parent of a child, no court shall
issue a visitation order granting the parent visitation rights with the child.

Upon receipt of notice that a visitation order is pending or
has been issued granting a parent visitation rights with a child or a custody
order is pending or has been issued designating a parent as the residential
parent and legal custodian of a child or granting custody of a child to a
parent prior to that parent being convicted of killing the other parent of the
child, the court in which the parent is convicted of killing the other parent
shall immediately notify the court that issued the visitation or custody order
of the conviction.

If the court to which notice is sent under section
3109.44 of the Revised Code is a
juvenile court that issued a custody order described in that section, the court
shall retain jurisdiction over the order. If the court to which notice is sent
is not a juvenile court but the court issued a custody order described in that
section, the court shall transfer jurisdiction over the custody order to the
juvenile court of the county in which the child has a residence or legal
settlement.

On receipt of the notice in cases in which the custody order
was issued by a juvenile court or after jurisdiction is transferred, the
juvenile court with jurisdiction shall terminate the custody order.

The termination order shall be treated as a complaint filed
under section
2151.27 of the Revised Code
alleging the child subject of the custody order to be a dependent child. If a
juvenile court issued the terminated custody order under a prior juvenile
proceeding under Chapter 2151. of the Revised Code in which the child was
adjudicated an abused, neglected, dependent, unruly, or delinquent child or a
juvenile traffic offender, the court shall treat the termination order as a new
complaint.

(A)
A court may do one of the following with
respect to a parent convicted of killing the other parent of a child if the
court determines, by clear and convincing evidence, that it is in the best
interest of the child and the child consents:

(1)
Issue a custody order designating the
parent as the residential parent and legal custodian of the child or granting
custody of the child to that parent;

(2)
Issue a visitation order granting that
parent visitation rights with the child.

(B)
When considering the ability of a child to consent
and the validity of a child's consent under this section, the court shall
consider the wishes of the child, as expressed directly by the child or through
the child's guardian ad litem, with due regard for the maturity of the child.

No person, with the child of the parent present, shall visit
the parent who has been convicted of killing the child's other parent unless a
court has issued an order granting the parent visitation rights with the child
and the child's custodian or legal guardian consents to the visit.

(A)
"Parental rights" means parental rights and
responsibilities, parenting time, or any other similar right established by the
laws of this state with respect to a child. "Parental rights" does not include
the parental duty of support for a child.

(B)
"Rape" means a violation of section
2907.02 of the Revised Code or
similar law of another state.

(C)
"Sexual battery" means a violation of section
2907.03 of the Revised Code or
similar law of another state.

(A)
Except as provided in division (C) and subject to
division (D) of this section, a person who is the victim of rape or sexual
battery for which a child was conceived as a result may bring an action to
declare the person who was convicted of or pleaded guilty to the offense to be
the parent of the child conceived as a result of rape or sexual battery
committed by the other person.

(B)
In an action seeking a declaration described in
division (A) of this section, a court may issue an order declaring that the
other person is the parent of a child conceived as a result of rape or sexual
battery committed by the other person if all of the following are established
by clear and convincing evidence:

(1)
The other person was convicted of or pleaded guilty to
the rape or sexual battery.

(2)
The person bringing the action was the victim of the
rape or sexual battery.

(3)
The child was conceived as a result of the rape or
sexual battery.

(4)
Both persons are the parents of the child established
pursuant to genetic testing conducted in different places or at different times
or as provided in Chapter 3111. of the Revised Code.

(C)
A person to whom the
following apply may seek a declaration described in division (A) of this
section only pursuant to a proceeding for divorce, dissolution, legal
separation, or annulment:

(1)
The person is the victim
of a rape or sexual battery for which a child was conceived as a result.

(2)
The person is married to
the person who was convicted of or pleaded guilty to the rape or sexual
battery.

(D)
An action seeking a declaration under division (A) of
this section shall be filed in a court with jurisdiction over juvenile matters
if the parents of the child are not married and in a court with jurisdiction
over domestic relations matters, pursuant to a proceeding for divorce,
dissolution, legal separation, or annulment, if the parents of the child are
married.

An action under section 3109.501 of the Revised Code shall be continued until
the court renders a judgment and all appeals have been exhausted in the
criminal proceedings regarding the charge of rape or sexual battery that is the
basis of the action. On the final disposition of the criminal proceedings, the
court shall do one of the following:

(A)
Proceed with the action if the person was convicted of
or pleaded guilty to rape or sexual battery;

(B)
Dismiss the action if the person was acquitted of the
charge of rape or sexual battery.

(A)
A person who brings an action under division (A) of
section 3109.501 of the Revised Code seeking a declaration that another person
is the parent of a child conceived as a result of rape or sexual battery
committed by the other person shall notify the court in which the action is
brought of any order previously issued by any court that grants the other
person parental rights with respect to that child. The notice shall include the
name of the court that issued the order, the date of issuance of the order, the
name and number of the case in which the order was issued, the parental rights
granted under the order, and the name of the person to whom the parental rights
were granted.

(B)
A court that issues an
order under section 3109.501 of the Revised Code declaring a person to be the
parent of a child conceived as a result of rape or sexual battery committed by
the person shall notify any court that has issued an order granting the person
parental rights with respect to that child and that was identified in
accordance with division (A) of this section by the person who brought the
action.

(A)
No court shall issue an order granting parental rights
with respect to a child to a person who has been convicted of or pleaded guilty
to rape or sexual battery and has been declared, in an action or proceeding
under section 3109.501 or 3109.505 of the Revised Code regarding that child, to
be the parent of a child conceived as a result of rape or sexual battery
committed by the person.

(B)
On receipt of a notice under section 3109.503 of the
Revised Code, a court that has issued an order granting parental rights
regarding the person and child addressed in the notice shall terminate the
order.

A relative of a person whose parental rights with that person's child have been
terminated, denied, or limited pursuant to sections 3109.50 to 3109.505 of the
Revised Code may be granted only those rights consented to by the other parent
of the child.

(A)
If a court issues an order under section 3109.501 of
the Revised Code declaring a person to be the parent of a child conceived as a
result of rape or sexual battery committed by the person, no court shall revoke
or modify the order or the resulting denial, termination, or limitation of the
person's parental rights and the person's relatives' rights under sections
3109.50 to 3109.506 of the Revised Code, except upon motion of the victim of
the rape or sexual battery requesting the revocation or modification. The
motion shall be made in the court that issued the order under section 3109.501
of the Revised Code.

(B)
The denial, termination, or limitation of parental
rights under sections 3109.50 to 3109.506 of the Revised Code does not relieve
the person of any debts owed to the other parent or the child prior to the
denial, termination, or limitation.

(C)
"Guardian" means an individual granted
authority by a probate court pursuant to Chapter 2111. of the Revised Code to
exercise parental rights over a child to the extent provided in the court's
order and subject to the residual parental rights, privileges, and
responsibilities of the child's parents.

(D)
"Legal custody" and "residual parental rights,
privileges, and responsibilities" have the same meanings as in section
2151.011 of the Revised Code.

The parent, guardian, or custodian of a child may create a
power of attorney that grants to a grandparent of the child with whom the child
is residing any of the parent's, guardian's, or custodian's rights and
responsibilities regarding the care, physical custody, and control of the
child, including the ability to enroll the child in school, to obtain from the
school district educational and behavioral information about the child, to
consent to all school-related matters regarding the child, and to consent to
medical, psychological, or dental treatment for the child. The power of
attorney may not grant authority to consent to the marriage or adoption of the
child. The power of attorney does not affect the rights of the parent,
guardian, or custodian of the child in any future proceeding concerning custody
of the child or the allocation of parental rights and responsibilities for the
care of the child and does not grant legal custody to the attorney in fact.

To create a power of
attorney under section
3109.52 of the Revised Code, a
parent, guardian, or custodian shall use a form that is identical in form and
content to the following:

POWER OF ATTORNEY

I, the undersigned,
residing at ..........., in the county of .........., state of ..........,
hereby appoint the child's grandparent, .........., residing at .........., in
the county of ..........., in the state of Ohio, with whom the child of whom I
am the parent, guardian, or custodian is residing, my attorney in fact to
exercise any and all of my rights and responsibilities regarding the care,
physical custody, and control of the child, .........., born .........., having
social security number (optional) .........., except my authority to consent to
marriage or adoption of the child .........., and to perform all acts necessary
in the execution of the rights and responsibilities hereby granted, as fully as
I might do if personally present. The rights I am transferring under this power
of attorney include the ability to enroll the child in school, to obtain from
the school district educational and behavioral information about the child, to
consent to all school-related matters regarding the child, and to consent to
medical, psychological, or dental treatment for the child. This transfer does
not affect my rights in any future proceedings concerning the custody of the
child or the allocation of the parental rights and responsibilities for the
care of the child and does not give the attorney in fact legal custody of the
child. This transfer does not terminate my right to have regular contact with
the child.

I hereby certify that I
am transferring the rights and responsibilities designated in this power of
attorney because one of the following circumstances exists:

(1)
I
am: (a) Seriously ill, incarcerated, or about to
be incarcerated, (b) Temporarily unable to provide financial support or
parental guidance to the child, (c) Temporarily unable to provide adequate care
and supervision of the child because of my physical or mental condition, (d)
Homeless or without a residence because the current residence is destroyed or
otherwise uninhabitable, or (e) In or about to enter a residential treatment
program for substance abuse;

(2)
I
am a parent of the child, the child's other parent is deceased, and I have
authority to execute the power of attorney; or

(3)
I
have a well-founded belief that the power of attorney is in the child's best
interest.

I hereby certify that I
am not transferring my rights and responsibilities regarding the child for the
purpose of enrolling the child in a school or school district so that the child
may participate in the academic or interscholastic athletic programs provided
by that school or district.

I understand that this
document does not authorize a child support enforcement agency to redirect
child support payments to the grandparent designated as attorney in fact. I
further understand that to have an existing child support order modified or a
new child support order issued administrative or judicial proceedings must be
initiated.

If there is a court order
naming me the residential parent and legal custodian of the child who is the
subject of this power of attorney and I am the sole parent signing this
document, I hereby certify that one of the following is the case:

(1)
I
have made reasonable efforts to locate and provide notice of the creation of
this power of attorney to the other parent and have been unable to locate that
parent;

(2)
The other
parent is prohibited from receiving a notice of relocation; or

(3)
The
parental rights of the other parent have been terminated by order of a juvenile
court.

This POWER OF ATTORNEY is
valid until the occurrence of whichever of the following events occurs first:
(1) I revoke this POWER OF ATTORNEY in
writing and give notice of the revocation
to the grandparent designated as attorney in fact and the juvenile
court with which this POWER OF ATTORNEY was filed; (2) the child ceases to
reside with the grandparent designated as attorney in fact; (3) this
POWER OF ATTORNEY is terminated by court order; (4) the death of
the child who is the subject of the power of attorney; or
(5) the
death of the grandparent designated as the attorney in fact.

WARNING: DO NOT EXECUTE
THIS POWER OF ATTORNEY IF ANY STATEMENT MADE IN THIS INSTRUMENT IS UNTRUE.
FALSIFICATION IS A CRIME UNDER SECTION
2921.13 OF THE REVISED CODE,
PUNISHABLE BY THE SANCTIONS UNDER CHAPTER 2929. OF THE REVISED CODE, INCLUDING
A TERM OF IMPRISONMENT OF UP TO 6 MONTHS, A FINE OF UP TO $1,000, OR
BOTH.

Witness my hand this
...... day of ........., .....

.....................................

Parent/Custodian/Guardian's
signature

...................................

Parent's
signature

.....................................

Grandparent
designated as attorney in fact

State of Ohio )

) ss:

County of
................)

Subscribed, sworn to, and
acknowledged before me this ...... day of ........., .............

.....................................

Notary
Public

Notices:

1.

A power of
attorney may be executed only if one of the following circumstances exists: (1)
The parent, guardian, or custodian of the child is: (a) Seriously ill,
incarcerated, or about to be incarcerated; (b)
Temporarily unable to provide financial support or parental guidance to the
child; (c) Temporarily unable to provide adequate care and supervision of the
child because of the parent's, guardian's, or custodian's physical or mental
condition; (d) Homeless or without a residence because the current residence is
destroyed or otherwise uninhabitable; or (e) In or about to enter a residential
treatment program for substance abuse; (2) One of the child's parents is
deceased and the other parent, with authority to do so, seeks to execute a
power of attorney; or (3) The parent, guardian, or custodian has a well-founded
belief that the power of attorney is in the child's best interest.

2.

The signatures of
the parent, guardian, or custodian of the child and the grandparent designated
as the attorney in fact must be notarized by an Ohio notary public.

3.

A parent,
guardian, or custodian who creates a power of attorney must notify the parent
of the child who is not the residential parent and legal custodian of the child
unless one of the following circumstances applies: (a) the parent is prohibited
from receiving a notice of relocation in accordance with section
3109.051 of the Revised Code of
the creation of the power of attorney; (b) the parent's parental rights have
been terminated by order of a juvenile court pursuant to Chapter 2151. of the
Revised Code; (c) the parent cannot be located with reasonable efforts; (d)
both parents are executing the power of attorney. The notice must be sent by
certified mail not later than five days after the power of attorney is created
and must state the name and address of the person designated as the attorney in
fact.

4.

A parent,
guardian, or custodian who creates a power of attorney must file it with the
juvenile court of the county in which the attorney in fact resides, or any
other court that has jurisdiction over the child under a previously filed
motion or proceeding. The power of attorney must be filed not later than five
days after the date it is created and be accompanied by a receipt showing that
the notice of creation of the power of attorney was sent to the parent who is
not the residential parent and legal custodian by certified mail.

5.

This power of
attorney does not affect the rights of the child's parents, guardian, or
custodian regarding any future proceedings concerning the custody of the child
or the allocation of the parental rights and responsibilities for the care of
the child and does not give the attorney in fact legal custody of the
child.

6.

A person or
entity that relies on this power of attorney, in good faith, has no obligation
to make any further inquiry or investigation.

7.

This power of
attorney terminates on the occurrence of whichever of the following occurs
first: (1) the power of attorney is revoked
in writing by the person who created it and that person
gives written notice of the revocation to the grandparent who is the
attorney in fact and the juvenile court with which the power of attorney was
filed; (2) the child ceases to live with the grandparent who is the attorney in
fact; (3) the power of attorney is terminated by court order;
(4) the
death of the child who is the subject of the power of attorney; or
(5) the
death of the grandparent designated as the attorney in fact.

If this power of
attorney terminates other than by the death of the attorney in fact, the
grandparent who served as the attorney in fact shall notify, in writing, all of
the following:

(a) Any schools,
health care providers, or health insurance coverage provider with which the
child has been involved through the grandparent;

(b) Any other
person or entity that has an ongoing relationship with the child or grandparent
such that the other person or entity would reasonably rely on the power of
attorney unless notified of the termination;

(c) The court in
which the power of attorney was filed after its creation;

(d) The parent
who is not the residential parent and legal custodian of the child who is
required to be given notice of its creation. The grandparent shall make the
notifications not later than one week after the date the power of attorney
terminates.

8.

If this power of
attorney is terminated by written revocation of the person who created it, or
the revocation is regarding a second or subsequent power of attorney, a copy of
the revocation must be filed with the court with which that power of attorney
was filed.

Additional
information:

To the grandparent
designated as attorney in fact:

1.

If the child
stops living with you, you are required to notify, in writing, any school,
health care provider, or health care insurance provider to which you have given
this power of attorney. You are also required to notify, in writing, any other
person or entity that has an ongoing relationship with you or the child such
that the person or entity would reasonably rely on the power of attorney unless
notified. The notification must be made not later than one week after the child
stops living with you.

2.

You must include
with the power of attorney the following information:

(a) The child's
present address, the addresses of the places where the child has lived within
the last five years, and the name and present address of each person with whom
the child has lived during that period;

(b) Whether you
have participated as a party, a witness, or in any other capacity in any other
litigation, in this state or any other state, that concerned the allocation,
between the parents of the same child, of parental rights and responsibilities
for the care of the child and the designation of the residential parent and
legal custodian of the child or that otherwise concerned the custody of the
same child;

(c) Whether you
have information of any parenting proceeding concerning the child pending in a
court of this or any other state;

(d) Whether you
know of any person who has physical custody of the child or claims to be a
parent of the child who is designated the residential parent and legal
custodian of the child or to have parenting time rights with respect to the
child or to be a person other than a parent of the child who has custody or
visitation rights with respect to the child;

(e) Whether you
previously have been convicted of or pleaded guilty to any criminal offense
involving any act that resulted in a child's being
an abused child or a neglected child or previously have been determined, in a
case in which a child has been adjudicated an abused child or a neglected
child, to be the perpetrator of the abusive or neglectful act that was the
basis of the adjudication.

3.

If you receive written notice of revocation of the power of
attorney or the parent, custodian, or guardian removes the child from your home
and if you believe that the revocation or removal is not in the best interest
of the child, you may, within fourteen days, file a complaint in the juvenile
court to seek custody. You may retain physical custody of the child until the
fourteen-day period elapses or, if you file a complaint, until the court orders
otherwise.

To school
officials:

1.

Except as
provided in section
3313.649 of the Revised Code, this
power of attorney, properly completed and notarized, authorizes the child in
question to attend school in the district in which the grandparent designated
as attorney in fact resides and that grandparent is authorized to provide
consent in all school-related matters and to obtain from the school district
educational and behavioral information about the child. This power of attorney
does not preclude the parent, guardian, or custodian of the child from having
access to all school records pertinent to the child.

2.

The school
district may require additional reasonable evidence that the grandparent lives
in the school district.

3.

A school district
or school official that reasonably and in good faith relies on this power of
attorney has no obligation to make any further inquiry or
investigation.

To health care
providers:

1.

A person or
entity that acts in good faith reliance on a power of attorney to provide
medical, psychological, or dental treatment, without actual knowledge of facts
contrary to those stated in the power of attorney, is not subject to criminal
liability or to civil liability to any person or entity, and is not subject to
professional disciplinary action, solely for such reliance if the power of
attorney is completed and the signatures of the parent, guardian, or custodian
of the child and the grandparent designated as attorney in fact are
notarized.

2.

The decision of a
grandparent designated as attorney in fact, based on a power of attorney, shall
be honored by a health care facility or practitioner, school district, or
school official.

A power of attorney created pursuant to section
3109.52 of the Revised Code must
be signed by the parent, guardian, or custodian granting it and by the
grandparent designated as the attorney in fact. For the power of attorney to be
effective, the signatures must be notarized. The child's social security number
need not appear on the power of attorney for the power of attorney to be
effective.

(A)
A person who creates a power of attorney
under section
3109.52 of the Revised Code shall
send notice of the creation to the parent of the child who is not the
residential parent and legal custodian of the child unless one of the following
is the case:

(1)
The parent is prohibited
from receiving a notice of relocation in accordance with section
3109.051 of the Revised Code.

(2)
The parent's parental rights
have been terminated by order of a juvenile court pursuant to Chapter 2151. of
the Revised Code.

(3)
The parent
cannot be located with reasonable efforts.

(4)
The power of attorney is being created by
both parents.

(B)
The
notice shall be sent by certified mail not later than five days after the power
of attorney is created. The notice shall state the name and address of the
person designated as the attorney in fact.

When a parent seeks to create a power of attorney pursuant to
section 3109.52 of the Revised Code, all
of the following apply:

(A)
The
power of attorney shall be executed by both parents if any of the following
apply:

(1)
The parents are married to each
other and are living as husband and wife.

(2)
The child is the subject of a shared
parenting order issued pursuant to section
3109.04 of the Revised Code.

(3)
The child is the subject of a
custody order issued pursuant to section
3109.04 of the Revised Code unless
one of the following is the case:

(a)
The
parent who is not the residential parent and legal custodian is prohibited from
receiving a notice of relocation in accordance with section
3109.051 of the Revised Code.

(b)
The parental rights of the
parent who is not the residential parent and legal custodian have been
terminated by order of a juvenile court pursuant to Chapter 2151. of the
Revised Code.

(c)
The parent who is
not the residential parent and legal custodian cannot be located with
reasonable efforts.

(B)
In all other cases, the power of attorney may be
executed only by one of the following persons:

(1)
The parent who is the residential parent
and legal custodian of the child, as determined by court order or as provided
in section
3109.042 of the Revised Code;

(2)
The parent with whom the child
is residing the majority of the school year in cases in which no court has
issued an order designating a parent as the residential parent and legal
custodian of the child or section
3109.042 of the Revised Code is
not applicable.

(A)
Except as provided in division (B) of
this section and subject to sections
3109.56 and
3109.58 of the Revised Code, a
parent, guardian, or custodian may create a power of attorney under section
3109.52 of the Revised Code only
under the following circumstances:

(1)
The
parent, guardian, or custodian of the child is any of the following:

(a)
Seriously ill, incarcerated, or about to
be incarcerated;

(b)
Temporarily
unable to provide financial support or parental guidance to the child;

(c)
Temporarily unable to provide
adequate care and supervision of the child because of the parent's, guardian's,
or custodian's physical or mental condition;

(d)
Homeless or without a residence because
the current residence is destroyed or otherwise uninhabitable;

(e)
In or about to enter a residential
treatment program for substance abuse.

(2)
The parent, guardian, or custodian of the
child has a well-founded belief that the power of attorney is in the child's
best interest.

(B)
In
addition to the circumstances described in division (A) of this section and
subject to sections
3109.56 and
3109.58 of the Revised Code, a
parent may execute a power of attorney if the other parent of the child is
deceased.

(A)
As used in this section, "temporary
custody," "permanent custody," and "planned permanent living arrangement" have
the same meanings as in section
2151.011 of the Revised Code.

(B)
A power of attorney created
pursuant to section
3109.52 of the Revised Code may
not be executed with respect to a child while any of the following proceedings
are pending regarding the child:

(1)
A
proceeding for the appointment of a guardian for, or the adoption of, the
child;

(2)
A juvenile proceeding in
which one of the following applies:

(a)
The
temporary, permanent, or legal custody of the child or the placement of the
child in a planned permanent living arrangement has been requested.

(b)
The child is the subject of an ex parte
emergency custody order issued under division (D) of section
2151.31 of the Revised Code, and
no hearing has yet been held regarding the child under division (A) of section
2151.314 of the Revised Code.

(c)
The child is the subject of a
temporary custody order issued under section
2151.33 of the Revised Code.

(3)
A proceeding for
divorce, dissolution, legal separation, annulment, or allocation of parental
rights and responsibilities regarding the child.

(A)
A
power of attorney created under section
3109.52 of the Revised Code
terminates on the occurrence of whichever of the following events occurs first:

(1)

The power of attorney is revoked in writing
by the person who created it, and that person gives
written notice of the revocation to the grandparent designated as the attorney
in fact and to the juvenile court with which the power of attorney was
filed.

(2)
The child ceases to reside with the
grandparent designated as the attorney in
fact.

(3)
The power of attorney is terminated
by court order.

(4)
The death of the child who is the
subject of the power of attorney.

(5)
The death of the grandparent
designated as the attorney in fact.

(B)
Not later than five days after a power of attorney is
revoked, a copy of the
revocation of the power of attorney must be filed with the court
with which the power of attorney is filed pursuant to section
3109.74 of the Revised
Code.

When a power of attorney
created pursuant to section
3109.52 of the Revised Code
terminates pursuant to division (A)(1), (2), (3), or (4) of section
3109.59 of the Revised Code, the
grandparent designated as the attorney in fact shall notify, in writing, all of
the following:

(A)
The school district in which the child attends
school;

(B)
The child's health care providers;

(C)
The child's health insurance coverage provider;

(D)
The court in which the power of attorney was filed under section
3109.74 of the Revised
Code;

(E)
The parent who is not the residential parent and
legal custodian and who is required to be given notice under section
3109.55 of the Revised
Code;

(F)
Any other person or entity that has an ongoing
relationship with the child or grandparent such that the person or entity would
reasonably rely on the power of attorney unless notified of the termination.

The grandparent shall
make the notifications not later than one week after the date the power of
attorney terminates.

A person who, in good faith, relies on or takes action in
reliance on a power of attorney created under section
3109.52 of the Revised Code is
immune from any criminal or civil liability for injury, death, or loss to
persons or property that might otherwise be incurred or imposed solely as a
result of the person's reliance or action. The person is not subject to any
disciplinary action from an entity that licenses or certifies the person.

Any medical, psychological, or dental treatment provided to a
child in reliance on a power of attorney created under section
3109.52 of the Revised Code shall
be considered to have been provided in good faith if the person providing the
treatment had no actual knowledge of opposition by the parent, guardian, or
custodian.

This section does not provide immunity from civil or criminal
liability to any person for actions that are wanton, reckless, or inconsistent
with the ordinary standard of care required to be exercised by anyone acting in
the same capacity as the person.

A military power of attorney executed pursuant to section
574(a) of the "National Defense Authorization Act for Fiscal Year 1994," 107
Stat. 1674 (1993), 10 U.S.C. 1044b, that grants a person's rights and
responsibilities regarding the care, custody, and control of the person's
child, including the ability to enroll the child in school, to obtain from the
school district educational and behavioral information about the child, to
consent to all school-related matters regarding the child, and to consent to
medical, psychological, or dental treatment for the child shall be considered a
power of attorney created pursuant to sections
3109.51 to
3109.61 of the Revised Code, as
long as the military power of attorney, according to its terms, remains in
effect.

(A)
Except as provided in division (B) of
this section, if a child is living with a grandparent who has made reasonable
attempts to locate and contact both of the child's parents, or the child's
guardian or custodian, but has been unable to do so, the grandparent may obtain
authority to exercise care, physical custody, and control of the child
including authority to enroll the child in school, to discuss with the school
district the child's educational progress, to consent to all school-related
matters regarding the child, and to consent to medical, psychological, or
dental treatment for the child by executing a caretaker authorization affidavit
in accordance with section
3109.67 of the Revised Code.

(B)
The grandparent may execute a
caretaker authorization affidavit without attempting to locate the following
parent:

(1)
If paternity has not been
established with regard to the child, the child's father.

(2)
If the child is the subject of a custody
order, the following parent:

(a)
A parent who
is prohibited from receiving a notice of relocation in accordance with section
3109.051 of the Revised Code;

(b)
A parent whose parental rights
have been terminated by order of a juvenile court pursuant to Chapter 2151. of
the Revised Code.

The caretaker
authorization affidavit that a grandparent described in section
3109.65 of the Revised Code may
execute shall be identical in form and content to the following:

CARETAKER AUTHORIZATION
AFFIDAVIT

Use of this affidavit is
authorized by sections
3109.65 to
3109.73 of the Ohio Revised
Code.

Completion of items 1-7
and the signing and notarization of this affidavit is sufficient to authorize
the grandparent signing to exercise care, physical custody, and control of the
child who is its subject, including authority to enroll the child in school, to
discuss with the school district the child's educational progress, to consent
to all school-related matters regarding the child, and to consent to medical,
psychological, or dental treatment for the child.

The child named below
lives in my home, I am 18 years of age or older, and I am the child's
grandparent.

1.

Name of
child:

2.

Child's date and
year of birth:

3.

Child's social
security number (optional):

4.

My name:

5.

My home
address:

6.

My date and year
of birth:

7.

My Ohio driver's
license number or identification card number:

8.

Despite having
made reasonable attempts, I am either:

(a) Unable to
locate or contact the child's parents, or the child's guardian or custodian;
or

(b) I am unable
to locate or contact one of the child's parents and I am not required to
contact the other parent because paternity has not been established; or

(c) I am unable
to locate or contact one of the child's parents and I am not required to
contact the other parent because there is a custody order regarding the child
and one of the following is the case:

(i) The parent
has been prohibited from receiving notice of a relocation; or

(ii) The
parental rights of the parent have been terminated.

9.

I hereby certify
that this affidavit is not being executed for the purpose of enrolling the
child in a school or school district so that the child may participate in the
academic or interscholastic athletic programs provided by that school or
district.

I understand that
this document does not authorize a child support enforcement agency to redirect
child support payments. I further understand that to have an existing child
support order modified or a new child support order issued administrative or
judicial proceedings must be initiated.

WARNING: DO NOT SIGN THIS
FORM IF ANY OF THE ABOVE STATEMENTS ARE INCORRECT. FALSIFICATION IS A CRIME
UNDER SECTION
2921.13 OF THE REVISED CODE,
PUNISHABLE BY THE SANCTIONS UNDER CHAPTER 2929. OF THE REVISED CODE, INCLUDING
A TERM OF IMPRISONMENT OF UP TO 6 MONTHS, A FINE OF UP TO $1,000, OR
BOTH.

I declare that the
foregoing is true and correct:

Signed:..........................
Date:......................

Grandparent

State of Ohio )

) ss:

County of
................)

Subscribed, sworn to, and
acknowledged before me this ...... day of ........., .............

.....................................

Notary
Public

Notices:

1.

The grandparent's
signature must be notarized by an Ohio notary public.

2.

The grandparent
who executed this affidavit must file it with the juvenile court of the county
in which the grandparent resides or any other court that has jurisdiction over
the child under a previously filed motion or proceeding not later than five
days after the date it is executed.

3.

This affidavit
does not affect the rights of the child's parents, guardian, or custodian
regarding the care, physical custody, and control of the child, and does not
give the grandparent legal custody of the child.

4.

A person or
entity that relies on this affidavit, in good faith, has no obligation to make
any further inquiry or investigation.

5.

This affidavit
terminates on the occurrence of whichever of the following occurs first: (1)
the child ceases to live with the grandparent who
signs this form; (2) the parent, guardian, or custodian of the child
acts to negate, reverse, or otherwise disapprove an action or decision of the
grandparent who signed this affidavit, and the
grandparent either voluntarily returns the child to the physical custody of the
parent, guardian, or custodian or fails to file a complaint to seek custody
within fourteen days; (3) the affidavit is terminated by court order;
(4) the
death of the child who is the subject of the affidavit; or
(5) the
death of the grandparent who executed the affidavit.

A parent,
guardian, or custodian may negate, reverse, or disapprove a grandparent's
action or decision only by delivering written notice of negation, reversal, or
disapproval to the grandparent and the person acting on the grandparent's
action or decision in reliance on this affidavit.

If this affidavit
terminates other than by the death of the grandparent, the grandparent who
signed this affidavit shall notify, in writing, all of the following:

(a) Any schools,
health care providers, or health insurance coverage provider with which the
child has been involved through the grandparent;

(b) Any other
person or entity that has an ongoing relationship with the child or grandparent
such that the person or entity would reasonably rely on the affidavit unless
notified of the termination;

(c) The court in
which the affidavit was filed after its creation.

The grandparent
shall make the notifications not later than one week after the date the
affidavit terminates.

6.

The decision of a
grandparent to consent to or to refuse medical treatment or school enrollment
for a child is superseded by a contrary decision of a parent, custodian, or
guardian of the child, unless the decision of the parent, guardian, or
custodian would jeopardize the life, health, or safety of the child.

Additional
information:

To caretakers:

1.

If the child
stops living with you, you are required to notify, in writing, any school,
health care provider, or health care insurance provider to which you have given
this affidavit. You are also required to notify, in writing, any other person
or entity that has an ongoing relationship with you or the child such that the
person or entity would reasonably rely on the affidavit unless notified. The
notifications must be made not later than one week after the child stops living
with you.

2.

If you do not
have the information requested in item 7 (Ohio driver's license or
identification card), provide another form of identification such as your
social security number or medicaid number.

3.

You must include
with the caretaker authorization affidavit the following information:

(a) The child's
present address, the addresses of the places where the child has lived within
the last five years, and the name and present address of each person with whom
the child has lived during that period;

(b) Whether you
have participated as a party, a witness, or in any other capacity in any other
litigation, in this state or any other state, that concerned the allocation,
between the parents of the same child, of parental rights and responsibilities
for the care of the child and the designation of the residential parent and
legal custodian of the child or that otherwise concerned the custody of the
same child;

(c) Whether you
have information of any parenting proceeding concerning the child pending in a
court of this or any other state;

(d) Whether you
know of any person who has physical custody of the child or claims to be a
parent of the child who is designated the residential parent and legal
custodian of the child or to have parenting time rights with respect to the
child or to be a person other than a parent of the child who has custody or
visitation rights with respect to the child;

(e) Whether you
previously have been convicted of or pleaded guilty to any criminal offense
involving any act that resulted in a child's being
an abused child or a neglected child or previously have been determined, in a
case in which a child has been adjudicated an abused child or a neglected
child, to be the perpetrator of the abusive or neglectful act that was the
basis of the adjudication.

4.

If the child's parent, guardian, or custodian acts to
terminate the caretaker authorization affidavit by delivering a written notice
of negation, reversal, or disapproval of an action or decision of yours or
removes the child from your home and if you believe that the termination or
removal is not in the best interest of the child, you may, within fourteen
days, file a complaint in the juvenile court to seek custody. You may retain
physical custody of the child until the fourteen-day period elapses or, if you
file a complaint, until the court orders otherwise.

To school
officials:

1.

This affidavit,
properly completed and notarized, authorizes the child in question to attend
school in the district in which the grandparent who signed this affidavit
resides and the grandparent is authorized to provide consent in all
school-related matters and to discuss with the school district the child's
educational progress. This affidavit does not preclude the parent, guardian, or
custodian of the child from having access to all school records pertinent to
the child.

2.

The school
district may require additional reasonable evidence that the grandparent lives
at the address provided in item 5 of the
affidavit.

3.

A school district
or school official that reasonably and in good faith relies on this affidavit
has no obligation to make any further inquiry or investigation.

4.

The act of a
parent, guardian, or custodian of the child to negate, reverse, or otherwise
disapprove an action or decision of the grandparent who signed this affidavit
constitutes termination of this affidavit. A parent, guardian, or custodian may
negate, reverse, or disapprove a grandparent's action or decision only by
delivering written notice of negation, reversal, or disapproval to the
grandparent and the person acting on the grandparent's action or decision in
reliance on this affidavit.

To health care
providers:

1.

A person or
entity that acts in good faith reliance on a CARETAKER AUTHORIZATION AFFIDAVIT
to provide medical, psychological, or dental treatment, without actual
knowledge of facts contrary to those stated in the affidavit, is not subject to
criminal liability or to civil liability to any person or entity, and is not
subject to professional disciplinary action, solely for such reliance if the
applicable portions of the form are completed and the grandparent's signature
is notarized.

2.

The decision of a
grandparent, based on a CARETAKER AUTHORIZATION AFFIDAVIT, shall be honored by
a health care facility or practitioner, school district, or school official
unless the health care facility or practitioner or educational facility or
official has actual knowledge that a parent, guardian, or custodian of a child
has made a contravening decision to consent to or to refuse medical treatment
for the child.

3.

The act of a
parent, guardian, or custodian of the child to negate, reverse, or otherwise
disapprove an action or decision of the grandparent who signed this affidavit
constitutes termination of this affidavit. A parent, guardian, or custodian may
negate, reverse, or disapprove a grandparent's action or decision only by
delivering written notice of negation, reversal, or disapproval to the
grandparent and the person acting on the grandparent's action or decision in
reliance on this affidavit.

A caretaker authorization affidavit described in section
3109.66 of the Revised Code is
executed when the affidavit is completed, signed by a grandparent described in
section 3109.65 of the Revised Code, and
notarized.

(A)
As used in this section, "temporary
custody," "permanent custody," and "planned permanent living arrangement" have
the same meanings as in section
2151.011 of the Revised Code.

(B)
A caretaker authorization
affidavit may not be executed with respect to a child while any of the
following proceedings are pending regarding the child:

(1)
A proceeding for the appointment of a
guardian for, or the adoption of, the child;

(2)
A juvenile proceeding in which one of the
following applies:

(a)
The temporary,
permanent, or legal custody of the child or the placement of the child in a
planned permanent living arrangement has been requested.

(b)
The child is the subject of an ex parte
emergency custody order issued under division (D) of section
2151.31 of the Revised Code, and
no hearing has yet been held regarding the child under division (A) of section
2151.314 of the Revised Code.

(c)
The child is the subject of a
temporary custody order issued under section
2151.33 of the Revised Code.

(3)
A proceeding for
divorce, dissolution, legal separation, annulment, or allocation of parental
rights and responsibilities regarding the child.

Once a caretaker authorization affidavit has been executed
under section
3109.67 of the Revised Code, the
grandparent may exercise care, physical custody, and control of the child,
including enrolling the child in school, discussing with the school district
the child's educational progress, consenting to all school-related matters
regarding the child, and consenting to medical, psychological, or dental
treatment for the child. The affidavit does not affect the rights and
responsibilities of the parent, guardian, or custodian regarding the child,
does not grant legal custody to the grandparent, and does not grant authority
to the grandparent to consent to the marriage or adoption of the child.

An executed caretaker
authorization affidavit shall terminate on the occurrence of whichever of the
following comes first:

(A)

The child ceases to reside with the
grandparent.

(B)
The parent, guardian, or custodian
of the child who is the subject of the affidavit acts, in accordance with
section 3109.72 of the Revised Code, to
negate, reverse, or otherwise disapprove an action or decision of the
grandparent who signed the affidavit with respect to the child, and the grandparent either voluntarily returns the child
to the physical custody of the parent, guardian, or custodian or fails to file
a complaint to seek custody within fourteen days after the delivery of written
notice of negation, reversal, or other disapproval.

When a caretaker
authorization affidavit terminates pursuant to division (A), (B), (C),
or (D) of section
3109.70 of the Revised Code, the
grandparent shall notify, in writing, the school district in which the child
attends school, the child's health care providers, the child's health insurance
coverage provider, the court in which the affidavit was filed under section
3109.74 of the Revised Code, and
any other person or entity that has an ongoing relationship with the child or
grandparent such that the person or entity would reasonably rely on the
affidavit unless notified of the termination. The grandparent shall make the
notifications not later than one week after the date the affidavit
terminates.

The parent, guardian, or
custodian of a child may negate, reverse, or otherwise disapprove any action
taken or decision made pursuant to a caretaker authorization affidavit unless
negation, reversal, or disapproval would jeopardize the life, health, or safety
of the child. A parent, guardian, or custodian may negate, reverse, or
disapprove a caretaker's action or decision only by delivering written notice
of negation, reversal, or disapproval to the caretaker and the person
responding to the caretaker's action or decision in reliance on the affidavit.
The act to negate, reverse, or disapprove the action or decision, regardless of
whether it is effective, terminates the affidavit as of
the date the caretaker returns the child to the parent, guardian, or custodian
or upon the expiration of fourteen days from the delivery of written notice of
the negation, reversal, or disapproval if the caretaker has not filed a
complaint in the interim pursuant to section
3109.76 of the Revised
Code.

A person who, in good faith, relies on or takes action in
reliance on a caretaker authorization affidavit is immune from any criminal or
civil liability for injury, death, or loss to persons or property that might
otherwise be incurred or imposed solely as a result of the reliance or action.
The person is not subject to any disciplinary action from an entity that
licenses or certifies the person. Any medical, psychological, or dental
treatment provided to a child in reliance on an affidavit with respect to the
child shall be considered to have been provided in good faith if the the person
providing the treatment had no actual knowledge of opposition by the parent,
guardian, or custodian.

This section does not provide immunity from civil or criminal
liability to any person for actions that are wanton, reckless, or inconsistent
with the ordinary standard of care required to be exercised by anyone acting in
the same capacity as the person.

(A)
A person who creates a power of attorney
under section
3109.52 of the Revised Code or
executes a caretaker authorization affidavit under section
3109.67 of the Revised Code shall
file the power of attorney or affidavit with the juvenile court of the county
in which the grandparent designated as attorney in fact or grandparent who
executed the affidavit resides or any other court that has jurisdiction over
the child under a previously filed motion or proceeding. The power of attorney
or affidavit shall be filed not later than five days after the date it is
created or executed and may be sent to the court by certified mail.

(B)
A power of attorney filed under this
section shall be accompanied by a receipt showing that the notice of creation
of the power of attorney was sent to the parent who is not the residential
parent and legal custodian by certified mail under section
3109.55 of the Revised Code.

(C)

(1)
The grandparent designated as attorney in fact or
the grandparent who executed the affidavit shall include with the power of
attorney or the caretaker authorization affidavit the information described in
section 3109.27 of the Revised Code.

(2)
If the grandparent provides
information that the grandparent previously has been convicted of or pleaded
guilty to any criminal offense involving any act that resulted in a child being
an abused child or a neglected child or previously has been determined, in a
case in which a child has been adjudicated an abused child or a neglected
child, to be the perpetrator of the abusive or neglectful act that was the
basis of the adjudication, the court may report that information to the public
children services agency pursuant to section
2151.421 of the Revised Code. Upon
the receipt of that information, the public children services agency shall
initiate an investigation pursuant to section
2151.421 of the Revised Code.

(3)
If the court has reason to
believe that a power of attorney or caretaker authorization affidavit is not in
the best interest of the child, the court may report that information to the
public children services agency pursuant to section
2151.421 of the Revised Code. Upon
receipt of that information, the public children services agency shall initiate
an investigation pursuant to section
2151.421 of the Revised Code. The
public children services agency shall submit a report of its investigation to
the court not later than thirty days after the court reports the information to
the public children services agency or not later than forty-five days after the
court reports the information to the public children services agency when
information that is needed to determine the case disposition cannot be compiled
within thirty days and the reasons are documented in the case record.

(D)
The court shall
waive any filing fee imposed for the filing of the power of attorney or
caretaker authorization affidavit.

On the request of the person in charge of admissions of a
school or a person described under division (A)(1)(b) of section
2151.421 of the Revised Code, the
court in which the power of attorney or caretaker authorization affidavit was
filed shall verify whether a power of attorney or caretaker authorization
affidavit has been filed under section
3109.74 of the Revised Code with
respect to a child.

(A)
A
grandparent who has physical custody of a child under a power of attorney,
within fourteen days after the child's parent, guardian, or custodian gives
written notice of revocation of the power of attorney to the grandparent and
files a written notice of revocation of the power of attorney with the juvenile
court or within fourteen days after removal of the child from the grandparent's
home, may file a complaint under division (A)(2) of section
2151.23 or division (D) of section
2151.27 of the Revised Code
seeking a determination of custody if the grandparent believes that the
revocation or removal is not in the best interest of the child.

(B)
A
grandparent who has physical custody of a child under a caretaker authorization
affidavit, within fourteen days after a parent, guardian, or custodian
terminates the affidavit by delivering a written notice of negation, reversal,
or disapproval of an action or decision of the grandparent or within fourteen
days after removal of the child from the grandparent's home, may file a
complaint under division (A)(2) of section
2151.23 or division (D) of section
2151.27 of the Revised Code
seeking a determination of custody if the grandparent believes that the
termination or removal is not in the best interest of the child.

(C)
Pending a hearing and decision on a complaint filed under division (A) or (B)
of this section, the juvenile court, in accordance with section
2151.33 of the Revised Code, may
make any temporary disposition of any child that it considers necessary to
protect the best interest of the child.

(D)
If a
parent, guardian, or custodian revokes a power of attorney or terminates a
caretaker authorization affidavit, the grandparent may retain custody of the
child until the fourteen-day period for filing a complaint under division (A)
or (B) of this section has expired or, if the grandparent files a complaint,
until the court orders otherwise.

(A)
No person shall create a power of
attorney under section
3109.52 of the Revised Code or
execute a caretaker authorization affidavit under section
3109.67 of the Revised Code for
the purpose of enrolling the child in a school or school district so that the
child may participate in the academic or interscholastic athletic programs
provided by the school or school district.

(B)
A person who violates division (A) of this section
is in violation of section
2921.13 of the Revised Code and is
guilty of falsification, a misdemeanor of the first degree.

(C)
A power of attorney created, or an
affidavit executed, in violation of this section is void as of the date of its
creation or execution.

As used in this section, "administrative child support order"
and "court child support order" have the same meanings as in section
3119.01 of the Revised Code.

A power of attorney created under section
3109.52 of the Revised Code or a
caretaker authorization affidavit executed under section
3109.67 of the Revised Code shall
not affect the enforcement of an administrative child support order or court
child support order, unless a child support enforcement agency, with respect to
an administrative child support order, or a court, with respect to either
order, issues an order providing otherwise.